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The Florida Senate

2002 Florida Statutes

Section 617.0141, Florida Statutes 2002

617.0141  Notice.--

(1)  Notice under this act must be in writing, unless oral notice is:

(a)  Expressly authorized by the articles of incorporation or the bylaws; and

(b)  Reasonable under the circumstances.

(2)  Notice may be communicated in person; by telephone (where oral notice is permitted), telegraph, teletype, or other form of electronic communication; or by mail.

(3)  Written notice by a domestic or foreign corporation authorized to conduct its affairs in this state to its member, if in a comprehensible form, is effective when mailed, if mailed postpaid and correctly addressed to the member's address shown in the corporation's current record of members.

(4)  Written notice to a domestic or foreign corporation authorized to conduct its affairs 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 corporation that has not yet delivered an annual report, in a domestic corporation's articles of incorporation or in a foreign corporation's application for certificate of authority.

(5)  Except as provided in subsection (3) or elsewhere in this act, written notice, if in a comprehensible form, is effective at the earliest date of the following:

(a)  When received;

(b)  Five days after its deposit in the United States mail, as evidenced by the postmark, if mailed postpaid and correctly addressed; or

(c)  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.

(6)  Oral notice is effective when communicated if communicated directly to the person to be notified in a comprehensible manner.

(7)  If this act prescribes notice requirements for particular circumstances, those requirements govern. If articles of incorporation or bylaws prescribe notice requirements not less stringent than the requirements of this section or other provisions of this act, those requirements govern.

History.--s. 15, ch. 90-179.