§ 36C-1-109. Methods and waiver of notice. - North Carolina Statutes

§ 36C‑1‑109. Methods and waiver of notice.

(a)        Subject tosubsection (d) of this section, notice to a person under this Chapter or thesending of a document to a person under this Chapter must be accomplished in amanner reasonably suitable under the circumstances and likely to result inreceipt of the notice or document.

(1)        Permissible methodsof notice or methods for sending a document include first‑class mail,personal delivery, delivery to the person's last known place of residence orplace of business, or a properly directed electronic message.

(2)        Notice shall bedeemed to be given upon the occurrence of any of the following:

a.         When personallydelivered by hand to the person.

b.         When transmitted byfacsimile.

c.         When placed in thehands of a nationally recognized courier service for delivery.

d.         When received by theperson if sent by registered or certified United States mail, return receiptrequested.

e.         Three days afterdepositing the notice in a regularly maintained receptacle for the deposit of UnitedStates mail if sent by regular United States mail.

(3)        Notice by any meansother than those described in subdivision (2) of this subsection shall bedeemed to be given for all purposes upon the date of actual receipt.

(b)        Notice otherwiserequired under this Chapter, or a document otherwise required to be sent underthis Chapter, need not be provided to a person whose identity or location isunknown to and not reasonably ascertainable by the trustee.

(c)        The person to benotified or to be sent a document may waive notice under this Chapter.

(d)        Notice of ajudicial proceeding must be given as provided in Article 2 of this Chapter. (2005‑192, s. 2; 2007‑106,s. 5.)