Legal Question in Business Law in California

Is NOTICE by email transmission acceptable as legal notice even if current bylaws of a non-profit corporation say that notice must be by U.S. Mail, first-class postage?


Asked on 11/10/10, 1:56 pm

4 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

What part of the word "MUST" do you not understand. The bylaws are the 'law' in corporations.

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Answered on 11/15/10, 2:28 pm

No.

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Answered on 11/15/10, 2:59 pm
Kevin B. Murphy Franchise Foundations, APC

As a franchise attorney I can say the other attorneys are correct . . . unless. There's always an unless. Unless the party sending the email transmission has an agreement with the non-profit that notices can be provided by email. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Attorney

Franchise Foundations APC

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Answered on 11/15/10, 4:02 pm
Kevin B. Murphy Franchise Foundations, APC

As a franchise attorney, I should also add another unless. Unless the party sending the email transmission has no reason to know what the corporate bylaws stipulate. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Attorney

Franchise Foundations APC

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Answered on 11/15/10, 5:47 pm


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