§ 23-1-20-29 — Method of giving notice; effectiveness

Indiana § 23-1-20-29

• Jurisdiction: Indiana
• Title 23: BUSINESS AND OTHER ASSOCIATIONS
• Art. 1: INDIANA BUSINESS CORPORATION LAW
• Ch. 20: General Definitions

Text

(a) Notice under this article shall be in
writing (including electronic transmission) unless oral notice is
authorized by a corporation's articles of incorporation or bylaws.
(b) Notice, if otherwise in proper form under this article, may be
communicated:
(1) in person;
(2) by telephone, telegraph, teletype, or other form of wire or
wireless communication;
(3) by mail; or
(4) electronically.
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 or
electronic communication.
(c) Written notice by a domestic or foreign corporation to a
shareholder is effective when mailed, if 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 Indiana) may be addressed to its registered agent
at its registered office or to the secretary of the corporation at its
principal office shown in the most recent filing of the corporation under
this article.
(e) Except as provided in subsection (c), written notice is effective
at the earliest of the following:
(1) When received.
(2) Five (5) days after its mailing, as evidenced by the postmark
or private carrier receipt, if correctly addressed to the address
listed in the most current records of the corporation.
(3) On the date shown on the return receipt, if sent by registered
or certified United States mail, return receipt requested, and the
receipt is signed by or on behalf of the addressee.
(f) Oral notice is effective when communicated.
(g) If this article prescribes notice requirements for particular
circumstances, those requirements govern. If articles of incorporation
or bylaws prescribe notice requirements not inconsistent with this
section or other provisions of this article, those requirements govern.
(h) Written notice, including reports or statements from the
corporation, to shareholders who share a common address is effective
if:
(1) the corporation delivers one (1) copy of a notice, report, or
statement to the common address;
(2) the corporation addresses the notice, report, or statement to
the:
(A) shareholders either as a group or to each of the shareholders
individually; or
(B) shareholders in a form in which each of the shareholders
has consented; and
(3) each of the shareholders consents to delivery of a single copy
of the notice, report, or statement to the common address of the
shareholders.
Consent given under subdivision (3) is revocable by a shareholder who
delivers written notice of revocation to the corporation. If a shareholder
delivers written notice of revocation to a corporation, the corporation
shall begin providing individual notices, reports, or other statements to
the shareholder not later than thirty (30) days after delivery of the
written notice of revocation.
(i) A shareholder who fails to object to the receipt of the notice,
report, or statement at a common address by written notice to the
corporation within sixty (60) days after written notice by the
corporation of the corporation's intention to send single copies of
notices to shareholders who share a common address as permitted by
subsection (h) is considered to have consented to receiving a single
copy at the common address.

Legislative History

As added by P.L.149-1986, SEC.4. Amended by P.L.228-1995, SEC.7; P.L.133-2009, SEC.14.