29-601.01. Notice

(Rpld. 9/1/20)

A. Notice under this chapter must be in writing unless oral notice is reasonable under the circumstances. Oral notice is not allowed if written notice is required under this chapter.

B. Notice may be communicated in person, by telephone, telegraph, teletype, fax, electronic 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. If in comprehensible form, written notice by a domestic or foreign limited liability company to its members or managers is effective when mailed if correctly addressed to the member's or manager's address shown on the limited liability company's current list of members or managers. If in comprehensible form, notice given by electronic transmission is effective when directed to an e-mail address shown on the limited liability company's current list of members or managers.

D. Written notice to a domestic or foreign limited liability company that is authorized to transact business in this state may be addressed to its statutory agent or to its known place of business in this state or, for a foreign limited liability company, to its principal office address in its application for registration. Unless otherwise prohibited in this chapter, written notice may also be given by electronic transmission when directed to an e-mail address that the limited liability company or its statutory agent provides.

E. If in a comprehensible form, written notice is effective at the earliest of the following:

1. When received.

2. Five days after its deposit in the United States mail as evidenced by the postmark, if mailed postpaid and correctly addressed.

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

F. Oral notice is effective when communicated if communicated in a comprehensible manner.

G. If this chapter prescribes notice requirements for particular circumstances, those requirements govern. If the articles of organization or the operating agreement prescribe notice requirements that are not inconsistent with this section or other provisions of this chapter, those requirements govern.