§ 45-36.5. Notification: manner of giving and effective date.

278 words·~1 min read·/nc/chapter-45/45-36-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A person gives a notification by any of the following:

(1)Depositing it with the United States Postal Service with first-class postage paid or with a commercially reasonable delivery service with cost of delivery provided, properly addressed to the recipient's address for giving a notification.

(2)Sending it by facsimile transmission, email, or other electronic transmission to the recipient's address for giving a notification, but only if the recipient agreed to receive notification in that manner.

(3)Causing it to be received at the address for giving a notification within the time that it would have been received if given pursuant to subdivision

(1)of this subsection.

(b)A notification is effective on any of the following:

(1)The day after it is deposited with a commercially reasonable delivery service for overnight delivery.

(2)Three days after it is deposited with the United States Postal Service, first-class mail with postage prepaid, or with a commercially reasonable delivery service for delivery other than by overnight delivery.

(3)The day it is given, if given pursuant to subdivision (a)(2) of this section.

(4)The day it is received, if given by a method other than as provided in subdivision (a)(1) or (a)(2) of this section.

(c)If this Article or a notification given pursuant to this Article requires performance on or by a certain day and that day is a Saturday, Sunday, or legal holiday under the laws of this State or the United States, the performance is sufficient if performed on the next day that is not a Saturday, Sunday, or legal holiday. (2005-123, s. 1; 2025-25, s. 29(1).)