WA Rev Code § 24.03A.015 (2021)
2021 Revised Code of Washington|Title 24 - Corporations and Associations (Nonprofit)|Chapter 24.03A - Washington Nonprofit Corporation Act.|24.03A.015 - Notice.

RCW 24.03A.015 Notice. (Effective January 1, 2022.)(1) Notice under this chapter must be in the form of a record unless this chapter or the articles or bylaws allow oral notice.(2) Notice may be communicated in person or by delivery. If these forms of communication 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.(3) Notice, other than notice described in subsection (4) of this section, is effective at the earliest of the following:(a) When received;(b) When left at the recipient's residence or usual place of business;(c) Five days after its deposit in the United States mail or with a commercial delivery service, if the postage or delivery charge is paid and the notice is correctly addressed; or(d) On the date shown on the return receipt, if sent by registered or certified mail, return receipt requested, or by commercial delivery service.(4) Notice in the form of a record by a membership corporation to a member is effective:(a) Five days after its deposit in the United States mail or with a commercial delivery service, if the postage or delivery charge is paid and the notice is correctly addressed to the member's address shown in the corporation's current record of members;(b) When given, if the notice is delivered by electronic transmission to the member's address shown in the corporation's current record of members; or(c) When given, if the notice is delivered in any other manner that the member has authorized.(5) Notice to a domestic or registered foreign nonprofit corporation may be delivered to its registered agent or to the corporation or its secretary at its principal office shown in its most recent annual report or, in the case of a foreign corporation that has not yet delivered an annual report, in its registration statement.(6) Where oral notice is permitted, it is effective when communicated, if communicated in a comprehensible manner.(7) If this chapter prescribes notice requirements for particular circumstances, those requirements govern. If the articles or bylaws prescribe notice requirements, not inconsistent with this section or other provisions of this chapter, those requirements govern.(8) With respect to electronic transmissions:(a) Unless otherwise provided in the articles or bylaws, or otherwise agreed between the sender and the recipient, an electronic transmission is received when:(i) It enters an electronic system that the recipient has designated or currently uses for the purpose of receiving electronic transmissions of the type sent; and(ii) It is in a form capable of being processed by that system.(b) An electronic transmission is received under (a)(i) of this subsection even if no individual is aware of its receipt.(c) Receipt of an electronic acknowledgment from an electronic system described in (a)(i) of this subsection establishes that a record was received but, by itself, does not establish that the content sent corresponds to the content received, and is not necessary for the record to be received.(9) A member may revoke in the form of a record a corporation's express or implied authorization to deliver notices or communications by electronic transmission to the member. Such authorization is deemed revoked with respect to a member if:(a) The corporation cannot deliver two consecutive notices or other communications to the member's address shown in the corporation's current record of members; and(b) The inability becomes known to the secretary or other person responsible for giving the notice or other communication; but the failure to treat the inability as a revocation does not invalidate any meeting or other action.[ 2021 c 176 § 1103.]NOTES:Effective date—2021 c 176: See note following RCW 24.03A.005.