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2006 Kentucky Revised Statutes - .410 Written or oral notice -- How given -- When effective.
271B.1-410 Written or oral notice -- How given -- When
effective. (1) Notice under this chapter shall be in writing
unless oral notice is reasonable under the circumstances. Notice by
electronic transmission is written notice. (2) Notice may be
communicated in person; by mail or other method of delivery; or by
telephone, voice mail, or other electronic means. 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 by a domestic or foreign corporation to its
shareholder, if in a comprehensible form, shall be effective: (a)
Upon deposit in the United States mail, if mailed postpaid
and correctly addressed to the shareholder's address shown in the
corporation's current record of shareholders; or (b) When
electronically transmitted to the shareholder in a manner
authorized and in accordance with the shareholder's instructions,
if any. (4) 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 report or, in the case of a foreign corporation that has not
yet delivered an annual report, in its application for a
certificate of authority. (5) Except as provided in subsections (3)
and (4) of this section, written notice, if in a comprehensible
form, shall be effective at the earliest of the following: (a)
When received; (b) Five (5) days after its deposit in
the United States mail, if mailed postpaid and correctly addressed;
or (c) On the date shown on the return receipt, if sent by
registered or certified mail, return receipt requested, and the
receipt is signed by or on behalf of the addressee. (6) Oral notice
shall be effective when communicated if communicated in a
comprehensible manner. (7) If this chapter prescribes notice
requirements for particular circumstances, those requirements,
shall govern. If articles of incorporation or bylaws prescribe
notice requirements not inconsistent with this section or other
provisions of this chapter, those requirements shall govern.
Effective: July 15, 2002 History: Amended 2002 Ky.
Acts ch. 102, sec. 7, effective July 15, 2002. -- Created 1988 Ky.
Acts ch. 23, sec. 13, effective January 1, 1989.
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