271B.1-410 Written or oral notice -- How given -- When effective.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Notice under this chapter shall be in writing unless oral notice is reasonable under
the circumstances. Notice by electronic transmission is written notice.
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.
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.
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 domestic corporation that has not yet delivered an annual
report, in its articles of incorporation or, in the case of a foreign corporation that has
not yet delivered an annual report, in its application for a certificate of authority.
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.
Oral notice shall be effective when communicated, if communicated in a
comprehensible manner.
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, 2010
History: Repealed and reenacted 2010 Ky. Acts ch. 51, sec. 52, effective July 15, 2010.
-- Amended 2007 Ky. Acts ch. 137, sec. 52, effective June 26, 2007. -- Amended
2002 Ky. Acts ch. 102, sec. 7, effective July 15, 2002. -- Created 1988 Ky. Acts
ch. 23, sec. 13, effective January 1, 1989.
Legislative Research Commission Note (7/15/2010). 2010 Ky. Acts ch. 51, sec. 183,
provides, "The specific textual provisions of Sections 1 to 178 of this Act which
reflect amendments made to those sections by 2007 Ky. Acts ch. 137 shall be deemed
effective as of June 26, 2007, and those provisions are hereby made expressly
retroactive to that date, with the remainder of the text of those sections being
unaffected by the provisions of this section."
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