Title 14, Chapter 11, Section 311
( 14-11-311)
Except as otherwise provided in the articles of organization or a
written operating agreement: (1) Notice shall be in writing unless oral notice is reasonable
under the circumstances; (2) Notice may be 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; (3) Written notice to a person that is required by this title to
maintain a registered agent and a registered office in this state
may be, but is not required to be, addressed to its registered
agent at its registered office; (4) Written notice, if in a comprehensible form, is effective at
the earliest of the following: (A) When received, or when delivered, properly addressed, as
permitted by paragraph (2) of this Code section or to the
addressee's last known principal place of business or residence; (B) Five days, or such other period as shall be provided in the
articles of organization or a written operating agreement, after
its deposit in the mail, as evidenced by the postmark, if mailed
with first-class postage prepaid and correctly addressed to a
member or manager at the address shown in the limited liability
company's current record of members or managers; or (C) On the date shown on the return receipt, if sent by
registered or certified mail or statutory overnight delivery,
return receipt requested, and the receipt is signed by or on
behalf of the addressee; (5) Oral notice is effective when communicated if communicated in
a comprehensible manner; (6) In calculating time periods for notice under this chapter,
when a period of time measured in days, weeks, months, years, or
other measurement of time is prescribed for the exercise of any
privilege or the discharge of any duty, the first day shall not be
counted but the last day shall be counted; and (7) If this chapter prescribes notice requirements for particular
circumstances, those requirements govern. |