Title 14, Chapter 3, Section 141
( 14-3-141)
(a) Notice under this chapter shall be in writing unless oral notice
is reasonable under the circumstances. (b) 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
likely to prove impracticable in particular cases, notice may in
addition 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
members, if in a comprehensible form, is effective when mailed, if
mailed with first-class postage prepaid and correctly addressed to
the member's address shown in the corporation's current record of
members. If the corporation has more than 500 members of record
entitled to vote at a meeting, it may utilize a class of mail other
than first class if the notice of the meeting is mailed, with
adequate postage prepaid, not less than 30 days before the date of
the meeting. (d) 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 registration or, in the case of a foreign corporation that
has not yet delivered an annual registration, in its application for
a certificate of authority. (e) Except as provided in subsection (c) of this Code section or in
the articles of incorporation or bylaws, written notice, if in a
comprehensible form, is effective at the earliest of the following: (1) When received or when delivered, properly addressed, to the
addressee's last known principal place of business or residence; (2) Five days after its deposit in the mail, as evidenced by the
postmark, if mailed with first-class postage prepaid and correctly
addressed; or (3) 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. (f) Oral notice is effective when communicated if communicated in a
comprehensible manner. (g) 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. (h) 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 Code section or other provisions of this
chapter, those requirements govern. |