§414-4  Notice.  (a)  Notice under this
chapter shall be in writing unless oral notice is reasonable under the
circumstances.



(b)  Notice is effective if communicated in
person; by telephone, telegraph, teletype, or other form of wire or wireless
communication; or by mail or private carrier.  If these forms of personal
notice are impracticable, notice may be communicated by a newspaper of general
circulation in the area where published; or by radio, television, or other form
of public broadcast communication.



(c)  Written notice by a domestic or foreign
corporation to its shareholder, if in a comprehensible form, is effective when
mailed, if mailed postpaid and correctly addressed to the shareholder's address
shown in the corporation's current record of shareholders.



(d)  [Subsection effective until June 30,
2010.  For subsection effective July 1, 2010, see below.]  Written notice
to a domestic or foreign corporation (authorized to transact business in this
State) may be addressed to its registered agent at its registered office or to
the corporation or its secretary at its principal office shown in its most
recent annual report or, in the case of a foreign corporation that has not yet
delivered an annual report, in its application for a certificate of authority.



(d)  [Subsection effective July 1, 2010. 
For subsection effective until June 30, 2010, see above.]  Written notice
to a domestic or foreign corporation (authorized to transact business in this
State) may be addressed to its registered agent or to the corporation or its
secretary at its principal office shown in its most recent annual report or, in
the case of a foreign corporation that has not yet delivered an annual report,
in its application for a certificate of authority.



(e)  Except as provided in subsection (c),
written notice, if in a comprehensible form, is effective at the earliest of
the following:



(1)  When received;



(2)  Five days after its deposit in the United States
mail, as evidenced by the postmark, if mailed postpaid and correctly addressed;
or



(3)  On the date shown on the return receipt, if sent
by registered or certified mail, return receipt requested, and the receipt is
signed by or on behalf of the addressee.



(f)  Oral notice is effective when communicated
if communicated in a comprehensible manner.



(g)  If this chapter prescribes notice
requirements for particular circumstances, those requirements govern.  If
articles of incorporation or bylaws prescribe notice requirements not
inconsistent with this section or other provisions of this chapter, those
requirements govern.



(h)  Without limiting the manner by which notice otherwise may be given to
shareholders, notice to shareholders given by the corporation under this
chapter, the articles of incorporation, or the bylaws shall be effective if
provided by electronic transmission consented to by the shareholder to whom the
notice is given.  Any consent shall be revocable by the shareholder by written
notice to the corporation.  Any consent shall be deemed revoked if:



(1)  The corporation
is unable to deliver by electronic transmission two consecutive notices given
by the corporation in accordance with such consent; and



(2)  The inability
to deliver becomes known to the secretary or an assistant secretary of the
corporation, to the transfer agent, or other person responsible for giving
notice; provided that the inadvertent failure to treat such inability as a
revocation shall not invalidate any meeting or other action.



(i) 
Notice given pursuant to subsection (h) shall be deemed given:



(1)  If by
facsimile telecommunication, when directed to a number at which the shareholder
has consented to receive notice;



(2)  If by
electronic mail, when directed to an electronic mail address at which the
shareholder has consented to receive notice;



(3)  If by a
posting on an electronic network together with separate notice to the
shareholder of such specific posting, upon the later of the posting and the
giving of such separate notice; and



(4)  If by any
other form of electronic transmission, when directed to the shareholder.



An
affidavit of the secretary, assistant secretary, transfer agent, or other agent
of the corporation that the notice has been given by a form of electronic
transmission, in the absence of fraud, shall be prima facie evidence of the
facts stated therein. [L 2000, c 244, pt of §1; am L 2001, c 129, §5; am
L 2002, c 130, §8; am L 2009, c 55, §2]