48-11-202 - Notice. - Tennessee Statutes

48-11-202. Notice.

(a)  Notice under chapters 11-27 of this title shall be in writing except that oral notice is effective if it is reasonable under the circumstances and not prohibited by the charter or bylaws.

(b)  Notice may be communicated in person; by telephone, telegraph, teletype, facsimile transmission or other form of wire or wireless communication; or by mail or private carrier. 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.

(c)  Written notice by a domestic corporation to its shareholders, if in a comprehensible form, is effective when mailed, if mailed postpaid and correctly addressed to the shareholder's address shown in the corporation's current record of shareholders.

(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 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.

(e)  Except as provided in subsection (c), written notice, if in a comprehensible form, is effective at the earliest of the following:

     (1)  When received;

     (2)  Five (5) days after its deposit in the United States mail, if mailed correctly addressed and with first class postage affixed thereon;

     (3)  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; or

     (4)  Twenty (20) days after its deposit in the United States mail, as evidenced by the postmark if mailed correctly addressed, and with other than first class, registered or certified postage affixed.

(f)  Oral notice is effective when communicated if communicated in a comprehensible manner.

(g)  If chapters 11-27 of this title prescribe notice requirements for particular circumstances, those requirements govern. If the charter or bylaws prescribe notice requirements, not inconsistent with this section or other provisions of chapters 11-27 of this title, those requirements govern.

[Acts 1986, ch. 887, § 1.21; 1987, ch. 273, §§ 5, 6; 1994, ch. 776, § 3.]