NY Not for Profit Corp L § 605 (2021)
2021 New York Laws NPC - Not-For-Profit Corporation Article 6 - Members 605 - Notice of Meeting of Members.

* § 605. Notice of meeting of members.  (a) Whenever under the provisions of this chapter members are required or permitted to take any action at a meeting, written notice shall state the  place,  date and hour of the meeting, for the duration of the state disaster emergency declared by executive  order  two  hundred  two  that began   on  March  seventh,  two  thousand  twenty,  or  until  December thirty-first, two thousand twenty-one, whichever is later, the means  of electronic  communication,  if  any, by which members may participate in the proceedings of the meeting pursuant to paragraph (a) of section  six hundred  three  of  this  article  and,  unless it is an annual meeting, indicate that it is being issued by or at the direction of the person or persons calling the meeting. Notice of  a  special  meeting  shall  also state the purpose or purposes for which the meeting is called. A copy of the  notice  of  any  meeting shall be given, personally, by mail, or by facsimile telecommunications or  by  electronic  mail,  to  each  member entitled  to vote at such meeting. If the notice is given personally, by first class mail or by facsimile  telecommunications  or  by  electronic mail,  it  shall  be  given  not  less than ten nor more than fifty days before the date of the meeting; if mailed by any other class of mail, it shall be given not less than thirty nor more than sixty days before such date. If mailed, such notice is  given  when  deposited  in  the  United States mail, with postage thereon prepaid, directed to the member at his address  as  it  appears  on the record of members, or, if he shall have filed with the secretary of  the  corporation  a  written  request  that notices  to him be mailed to some other address, then directed to him at such other address. If sent by  facsimile  telecommunication  or  mailed electronically,  such  notice is given when directed to the member's fax number or electronic mail  address  as  it  appears  on  the  record  of members,  or,  to  such  fax  number or other electronic mail address as filed  with  the  secretary  of  the  corporation.  Notwithstanding  the foregoing,   such  notice  shall  not  be  deemed  to  have  been  given electronically  (1)  if  the  corporation  is  unable  to  deliver   two consecutive  notices  to  the  member  by facsimile telecommunication or electronic mail; or (2) the corporation  otherwise  becomes  aware  that notice  cannot be delivered to the member by facsimile telecommunication or electronic mail. An affidavit of the secretary or other person giving the notice or of a transfer agent of the  corporation  that  the  notice required  by this section has been given shall, in the absence of fraud, be prima  facie  evidence  of  the  facts  therein  stated.  Whenever  a corporation has more than five hundred members, the notice may be served by  publication  in  a newspaper published in the county in the state in which the principal office of the corporation is located,  once  a  week for  three  successive  weeks  next  preceding  the date of the meeting, provided that the corporation shall also prominently post notice of such meeting on the homepage of any website  maintained  by  the  corporation continuously  from  the  date  of  publication  through  the date of the meeting. A corporation shall send notice of meetings by first class mail to any member who requests in writing that such notices be delivered  by such method.  (b) When a meeting is adjourned to another time or place, it shall not be  necessary,  unless the by-laws require otherwise, to give any notice of the adjourned meeting if the time and place to which the  meeting  is adjourned and, for the duration of the state disaster emergency declared by  executive  order  two  hundred  two that began on March seventh, two thousand  twenty,  or  until   December   thirty-first,   two   thousand twenty-one,  whichever is later, the means of electronic communications, if any, by which members may  participate  in  the  proceedings  of  the meeting  pursuant  to paragraph (a) of section six hundred three of this  article are announced at the meeting at which the adjournment is  taken, and  at  the adjourned meeting any business may be transacted that might have been transacted on the original date of the  meeting.  However,  if after  the  adjournment  the  board  fixes  a  new  record  date for the adjourned meeting, a notice of the adjourned meeting shall be  given  to each  member  of  record on the new record date entitled to notice under paragraph (a) of this section.  (c) Nothing required in paragraphs (a) or (b) of  this  section  shall limit, restrict or supersede other forms of voting and participation.   * NB Separately amended; cannot be put together * § 605. Notice of meeting of members.  (a) Whenever under the provisions of this chapter members are required or permitted to take any action at a meeting, written notice shall state the  place,  date  and  hour  of  the  meeting,  the means of electronic communication,  if  any,  by  which  members  may  participate  in   the proceedings  of  the  meeting  pursuant  to paragraph (a) of section six hundred three of this article and,  unless  it  is  an  annual  meeting, indicate that it is being issued by or at the direction of the person or persons  calling  the  meeting.  Notice  of a special meeting shall also state the purpose or purposes for which the meeting is called. A copy of the notice of any meeting shall be given, personally,  by  mail,  or  by facsimile  telecommunications  or  by  electronic  mail,  to each member entitled to vote at such meeting. If the notice is given personally,  by first  class  mail  or  by facsimile telecommunications or by electronic mail, it shall be given not less than  ten  nor  more  than  fifty  days before the date of the meeting; if mailed by any other class of mail, it shall be given not less than thirty nor more than sixty days before such date.  If  mailed,  such  notice  is  given when deposited in the United States mail, with postage thereon prepaid, directed to the member at his address as it appears on the record of members, or,  if  he  shall  have filed  with  the  secretary  of  the  corporation a written request that notices to him be mailed to some other address, then directed to him  at such  other  address.  If  sent by facsimile telecommunication or mailed electronically, such notice is given when directed to the  member's  fax number  or  electronic  mail  address  as  it  appears  on the record of members, or, to such fax number or  other  electronic  mail  address  as filed  with  the  secretary  of  the  corporation.  Notwithstanding  the foregoing,  such  notice  shall  not  be  deemed  to  have  been   given electronically   (1)  if  the  corporation  is  unable  to  deliver  two consecutive notices to the  member  by  facsimile  telecommunication  or electronic  mail;  or  (2)  the corporation otherwise becomes aware that notice cannot be delivered to the member by facsimile  telecommunication or electronic mail. An affidavit of the secretary or other person giving the  notice  or  of  a transfer agent of the corporation that the notice required by this section has been given shall, in the absence of  fraud, be  prima  facie  evidence  of  the  facts  therein  stated.  Whenever a corporation has more than five hundred members, the notice may be served by publication in a newspaper published in the county in  the  state  in which  the  principal  office of the corporation is located, once a week for three successive weeks next  preceding  the  date  of  the  meeting, provided that the corporation shall also prominently post notice of such meeting  on  the  homepage  of any website maintained by the corporation continuously from the date  of  publication  through  the  date  of  the meeting. A corporation shall send notice of meetings by first class mail to  any member who requests in writing that such notices be delivered by such method.  (b) When a meeting is adjourned to another time or place, it shall not be necessary, unless the by-laws require otherwise, to give  any  notice  of  the  adjourned meeting if the time and place to which the meeting is adjourned and the means of electronic communications, if any,  by  which members  may  participate  in the proceedings of the meeting pursuant to paragraph (a) of section six hundred three of this article are announced at  the  meeting at which the adjournment is taken, and at the adjourned meeting any business may be transacted that might have  been  transacted on  the  original date of the meeting. However, if after the adjournment the board fixes a new record date for the adjourned meeting, a notice of the adjourned meeting shall be given to each member of record on the new record date entitled to notice under paragraph (a) of this section.  (c) Nothing required in paragraphs (a) or (b) of  this  section  shall limit, restrict or supersede other forms of voting and participation.   * NB Separately amended; cannot be put together