Article 65.--MEETINGS, ELECTIONS, VOTING AND NOTICES
17-6522.Notice to shareholders; consent to
electronic transmission.
(a) Without limiting the manner by which notice otherwise may be given
effectively to stockholders, any notice to stockholders given by the
corporation under any provisions of this act, the articles of incorporation, or
the bylaws shall be effective if given by a form of electronic transmission
consented to by the stockholders to whom the notice is given. Any such consent
shall be revocable by the stockholder by written notice to the corporation. Any
such 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) such inability becomes
known to the secretary or an assistant secretary of the corporation or to the
transfer agent, or other person responsible for the giving of notice. The
inadvertent failure to treat such inability as a revocation shall not
invalidate any meeting or other action.
(b) Notice given pursuant to subsection (a) shall be deemed given: (1) If by
facsimile telecommunication, when directed to a number at which the stockholder
has consented to receive notice; (2) if by electronic mail, when directed to an
electronic mail address at which the stockholder has consented to receive
notice; (3) if by a posting on an electronic network together with separate
notice to the stockholder of such specific posting, upon the later of (A) such
posting and (B) the giving of such separate notice; and (4) if by any other
form of electronic transmission, when directed to the stockholder. An affidavit
of the secretary or an assistant secretary or of the 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.
(c) For purposes of this act, "electronic transmission" means any form of
communication, not directly involving the physical transmission of paper, that
creates a record that may be retained, retrieved and reviewed by a recipient
thereof, and that may be directly reproduced in paper form by such a recipient
through an automated process.
(d) This section shall apply to a corporation organized under this act that
is not authorized to issue capital stock, and when so applied, all references
to stockholders shall be deemed to refer to members of such a corporation.
(e) This section shall not apply to K.S.A. 17-6414, 17-6906, 17-7001 or
17-7002, and amendments thereto.
(f) This section shall be a part of and supplemental to the Kansas general
corporation code, and amendments thereto.
Article 65.--MEETINGS, ELECTIONS, VOTING AND NOTICES
17-6522.Notice to shareholders; consent to
electronic transmission.
(a) Without limiting the manner by which notice otherwise may be given
effectively to stockholders, any notice to stockholders given by the
corporation under any provisions of this act, the articles of incorporation, or
the bylaws shall be effective if given by a form of electronic transmission
consented to by the stockholders to whom the notice is given. Any such consent
shall be revocable by the stockholder by written notice to the corporation. Any
such 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) such inability becomes
known to the secretary or an assistant secretary of the corporation or to the
transfer agent, or other person responsible for the giving of notice. The
inadvertent failure to treat such inability as a revocation shall not
invalidate any meeting or other action.
(b) Notice given pursuant to subsection (a) shall be deemed given: (1) If by
facsimile telecommunication, when directed to a number at which the stockholder
has consented to receive notice; (2) if by electronic mail, when directed to an
electronic mail address at which the stockholder has consented to receive
notice; (3) if by a posting on an electronic network together with separate
notice to the stockholder of such specific posting, upon the later of (A) such
posting and (B) the giving of such separate notice; and (4) if by any other
form of electronic transmission, when directed to the stockholder. An affidavit
of the secretary or an assistant secretary or of the 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.
(c) For purposes of this act, "electronic transmission" means any form of
communication, not directly involving the physical transmission of paper, that
creates a record that may be retained, retrieved and reviewed by a recipient
thereof, and that may be directly reproduced in paper form by such a recipient
through an automated process.
(d) This section shall apply to a corporation organized under this act that
is not authorized to issue capital stock, and when so applied, all references
to stockholders shall be deemed to refer to members of such a corporation.
(e) This section shall not apply to K.S.A. 17-6414, 17-6906, 17-7001 or
17-7002, and amendments thereto.
(f) This section shall be a part of and supplemental to the Kansas general
corporation code, and amendments thereto.
Article 65.--MEETINGS, ELECTIONS, VOTING AND NOTICES
17-6522.Notice to shareholders; consent to
electronic transmission.
(a) Without limiting the manner by which notice otherwise may be given
effectively to stockholders, any notice to stockholders given by the
corporation under any provisions of this act, the articles of incorporation, or
the bylaws shall be effective if given by a form of electronic transmission
consented to by the stockholders to whom the notice is given. Any such consent
shall be revocable by the stockholder by written notice to the corporation. Any
such 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) such inability becomes
known to the secretary or an assistant secretary of the corporation or to the
transfer agent, or other person responsible for the giving of notice. The
inadvertent failure to treat such inability as a revocation shall not
invalidate any meeting or other action.
(b) Notice given pursuant to subsection (a) shall be deemed given: (1) If by
facsimile telecommunication, when directed to a number at which the stockholder
has consented to receive notice; (2) if by electronic mail, when directed to an
electronic mail address at which the stockholder has consented to receive
notice; (3) if by a posting on an electronic network together with separate
notice to the stockholder of such specific posting, upon the later of (A) such
posting and (B) the giving of such separate notice; and (4) if by any other
form of electronic transmission, when directed to the stockholder. An affidavit
of the secretary or an assistant secretary or of the 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.
(c) For purposes of this act, "electronic transmission" means any form of
communication, not directly involving the physical transmission of paper, that
creates a record that may be retained, retrieved and reviewed by a recipient
thereof, and that may be directly reproduced in paper form by such a recipient
through an automated process.
(d) This section shall apply to a corporation organized under this act that
is not authorized to issue capital stock, and when so applied, all references
to stockholders shall be deemed to refer to members of such a corporation.
(e) This section shall not apply to K.S.A. 17-6414, 17-6906, 17-7001 or
17-7002, and amendments thereto.
(f) This section shall be a part of and supplemental to the Kansas general
corporation code, and amendments thereto.