Article 65.--MEETINGS, ELECTIONS, VOTING AND NOTICES
17-6520.Exceptions to notice requirements.
(a) Whenever notice is required to be given, under any provision of this act
or of the articles of incorporation or bylaws of any corporation, to any
person with whom communication is unlawful, the giving of such notice to
such person shall not be required and there shall be no duty to apply to
any governmental authority or agency for a license or permit to give such
notice to such person. Any action or meeting which shall be taken or held
without notice to any such person with whom communication is unlawful shall
have the same force and effect as if such notice had been duly given. In
the event that the action taken by the corporation is such as to require
the filing of a certificate under any of the other sections of this act,
the certificate shall state, if such is the fact and if notice is required,
that notice was given to all persons entitled to receive notice except such
persons with whom communication is unlawful.
(b) Whenever notice is required to be given, under any provision of
this act or the articles of incorporation or bylaws of any corporation,
to any stockholder or, if the corporation is a nonstock corporation, to any
member, to whom (1) notice of two consecutive annual meetings, and all
notices of meetings or of the taking of action by written consent without a
meeting to such person during the period between such two consecutive
annual meetings, or (2) all, and at least two payments, if sent by first
class mail, of dividends or interest on securities during a 12-month
period, have been mailed addressed to such person at such person's address as
shown on the records of the corporation and have been returned undeliverable,
the giving of such notice to such person shall not be required. Any action or
meeting which shall be taken or held without notice to such person shall have
the same force and effect as if such notice had been duly given. If any such
person shall deliver to the corporation a written notice setting forth such
person's then current address, the requirement that notice be given to such
person shall be reinstated. In the event that the action taken by the
corporation is such as to require the filing of a certificate under any of
the other sections of this chapter, the certificate need not state that
notice was not given to persons to whom notice was not required to be given
pursuant to this subsection.
(c) The exception in subsection (b)(1) to the requirement that notice be
given shall not be applicable to any notice returned as undeliverable if the
notice was given by electronic transmission.
History: L. 1972, ch. 52, § 73;
L. 1988, ch. 99, § 33;
Revived and amend., L. 1988, ch. 100, § 33;
L. 2004, ch. 143, § 44; Jan. 1, 2005.
Article 65.--MEETINGS, ELECTIONS, VOTING AND NOTICES
17-6520.Exceptions to notice requirements.
(a) Whenever notice is required to be given, under any provision of this act
or of the articles of incorporation or bylaws of any corporation, to any
person with whom communication is unlawful, the giving of such notice to
such person shall not be required and there shall be no duty to apply to
any governmental authority or agency for a license or permit to give such
notice to such person. Any action or meeting which shall be taken or held
without notice to any such person with whom communication is unlawful shall
have the same force and effect as if such notice had been duly given. In
the event that the action taken by the corporation is such as to require
the filing of a certificate under any of the other sections of this act,
the certificate shall state, if such is the fact and if notice is required,
that notice was given to all persons entitled to receive notice except such
persons with whom communication is unlawful.
(b) Whenever notice is required to be given, under any provision of
this act or the articles of incorporation or bylaws of any corporation,
to any stockholder or, if the corporation is a nonstock corporation, to any
member, to whom (1) notice of two consecutive annual meetings, and all
notices of meetings or of the taking of action by written consent without a
meeting to such person during the period between such two consecutive
annual meetings, or (2) all, and at least two payments, if sent by first
class mail, of dividends or interest on securities during a 12-month
period, have been mailed addressed to such person at such person's address as
shown on the records of the corporation and have been returned undeliverable,
the giving of such notice to such person shall not be required. Any action or
meeting which shall be taken or held without notice to such person shall have
the same force and effect as if such notice had been duly given. If any such
person shall deliver to the corporation a written notice setting forth such
person's then current address, the requirement that notice be given to such
person shall be reinstated. In the event that the action taken by the
corporation is such as to require the filing of a certificate under any of
the other sections of this chapter, the certificate need not state that
notice was not given to persons to whom notice was not required to be given
pursuant to this subsection.
(c) The exception in subsection (b)(1) to the requirement that notice be
given shall not be applicable to any notice returned as undeliverable if the
notice was given by electronic transmission.
History: L. 1972, ch. 52, § 73;
L. 1988, ch. 99, § 33;
Revived and amend., L. 1988, ch. 100, § 33;
L. 2004, ch. 143, § 44; Jan. 1, 2005.
Article 65.--MEETINGS, ELECTIONS, VOTING AND NOTICES
17-6520.Exceptions to notice requirements.
(a) Whenever notice is required to be given, under any provision of this act
or of the articles of incorporation or bylaws of any corporation, to any
person with whom communication is unlawful, the giving of such notice to
such person shall not be required and there shall be no duty to apply to
any governmental authority or agency for a license or permit to give such
notice to such person. Any action or meeting which shall be taken or held
without notice to any such person with whom communication is unlawful shall
have the same force and effect as if such notice had been duly given. In
the event that the action taken by the corporation is such as to require
the filing of a certificate under any of the other sections of this act,
the certificate shall state, if such is the fact and if notice is required,
that notice was given to all persons entitled to receive notice except such
persons with whom communication is unlawful.
(b) Whenever notice is required to be given, under any provision of
this act or the articles of incorporation or bylaws of any corporation,
to any stockholder or, if the corporation is a nonstock corporation, to any
member, to whom (1) notice of two consecutive annual meetings, and all
notices of meetings or of the taking of action by written consent without a
meeting to such person during the period between such two consecutive
annual meetings, or (2) all, and at least two payments, if sent by first
class mail, of dividends or interest on securities during a 12-month
period, have been mailed addressed to such person at such person's address as
shown on the records of the corporation and have been returned undeliverable,
the giving of such notice to such person shall not be required. Any action or
meeting which shall be taken or held without notice to such person shall have
the same force and effect as if such notice had been duly given. If any such
person shall deliver to the corporation a written notice setting forth such
person's then current address, the requirement that notice be given to such
person shall be reinstated. In the event that the action taken by the
corporation is such as to require the filing of a certificate under any of
the other sections of this chapter, the certificate need not state that
notice was not given to persons to whom notice was not required to be given
pursuant to this subsection.
(c) The exception in subsection (b)(1) to the requirement that notice be
given shall not be applicable to any notice returned as undeliverable if the
notice was given by electronic transmission.
History: L. 1972, ch. 52, § 73;
L. 1988, ch. 99, § 33;
Revived and amend., L. 1988, ch. 100, § 33;
L. 2004, ch. 143, § 44; Jan. 1, 2005.