State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter21 > 21-2015

21-2015. Notice.(1) Notice under the Business Corporation Act shall be inwriting unless oral notice is reasonable under the circumstances. Notice by electronic transmission iswritten notice.(2) Notice may be communicated in person, by mail or other method of delivery, or by telephone or other electronic means. Ifthese forms of personal notice are impracticable, notice may be communicatedby a newspaper of general circulation in the area where published or by radio,television, or other form of public broadcast communication.(3) Written notice by a domestic or foreign corporation toits shareholder, if in a comprehensible form, shall be effective (a) when mailed, if mailedpostage prepaid and correctly addressed to the shareholder's address shownin the corporation's current record of shareholders, or (b) when electronically transmitted to the shareholderin a manner authorized by the shareholder. Notice by a public corporationto its shareholder shall be effective if the notice is addressed to the shareholderor group of shareholders in a manner permitted by rules and regulations adoptedand promulgated under the federal Securities Exchange Act of 1934 if the publiccorporation has first received affirmative written consent or implied consentrequired under such rules and regulations.(4) Written notice to a domestic or foreign corporation authorizedto transact business in this state may be addressed to its registered agentat its registered office or to the corporation or its secretary at its principaloffice, shown in its most recent annual report or, in the case of a foreigncorporation that has not yet delivered an annual report, in its applicationfor a certificate of authority.(5) Except as provided in subsection (3) of this section,written notice, if in a comprehensible form, shall be effective at the earliestof the following:(a) When received;(b) Five days after its deposit in the United States mail,as evidenced by the postmark, if mailed postage prepaid and correctly addressed;or(c) On the date shown on the return receipt, if sent by registeredor certified mail, return receipt requested, and the receipt is signed byor on behalf of the addressee.(6) Oral notice shall be effective when communicated if communicatedin a comprehensible manner.(7) If the act prescribes notice requirements for particularcircumstances, those requirements shall govern. If articles of incorporationor bylaws prescribe notice requirements, not inconsistent with this sectionor other provisions of the act, those requirements shall govern. SourceLaws 1995, LB 109, § 15; Laws 2009, LB528, § 3.