§ 55-1-41. Notice. - North Carolina Statutes

§ 55‑1‑41. Notice.

(a)        Notice under thisChapter shall be in writing unless oral notice is authorized in thecorporation's articles of incorporation or bylaws and written notice is notspecifically required by this Chapter.

(b)        Notice may becommunicated in person; by electronic means; or by mail or private carrier. Ifthese forms of personal notice are impracticable as to one or more persons,notice may be communicated to such persons by publishing notice in a newspaperin the county wherein the corporation has its principal place of business inthe State, or if it has no principal place of business in the State, the countywherein it has its registered office; or by radio, television, or other form ofpublic broadcast communication.

(c)        Written notice by adomestic or foreign corporation to its shareholder is effective when depositedin the United States mail with postage thereon prepaid and correctly addressedto the shareholder's address shown in the corporation's current record ofshareholders. To the extent the corporation pursuant to G.S. 55‑1‑50and the shareholder have agreed, notice by a domestic corporation to itsshareholder in the form of an electronic record sent by electronic means iseffective when it is sent as provided in G.S. 66‑325. A shareholder mayterminate any such agreement at any time on a prospective basis effective uponwritten notice of termination to the corporation or upon such later date as maybe specified in the notice.

(d)        Written notice to adomestic or foreign corporation (authorized to transact business in this State)may be addressed to its registered agent at its registered office or to thecorporation or its secretary at its principal office shown in its most recentannual report on file in the office of the Secretary of State or, in the caseof a domestic or foreign corporation that has not yet filed an annual report,in its articles of incorporation or application for a certificate of authority,respectively.

(e)        Except as providedin subsection (c), written notice is effective at the earliest of thefollowing:

(1)        When received;

(2)        Five days after itsdeposit in the United States mail, as evidenced by the postmark or otherwise,if mailed with at least first‑class postage thereon prepaid and correctlyaddressed;

(3)        On the date shown onthe return receipt, if sent by registered or certified mail, return receiptrequested, and the receipt is signed by or on behalf of the addressee.

In the case of notice in theform of an electronic record sent by electronic means, the time of receiptshall be determined as provided in G.S. 66‑325.

(f)         Oral notice iseffective when actually communicated to the person entitled thereto.

(g)        If this Chapterprescribes notice requirements for particular circumstances, those requirementsgovern. If articles of incorporation or bylaws prescribe notice requirementsnot inconsistent with this section or other provisions of this Chapter, thoserequirements govern. (1989, c. 265, s. 1; 1993, c. 552, s. 5; 2001‑387, s. 6.)