Part 15 — Administrative Matters and Regulations Division 1 Registrar's Appointment and Delegation
346 Division 3 Notices and Service of Documents Notices to members, shareholders and directors
notice or document required by this Act, the regulations, the
articles, the bylaws or a unanimous agreement to be given to a
member, investment shareholder or director may be sent by mail
addressed to or may be personally delivered to
(a) a member at the member's latest address as shown in the
records of the cooperative,
(b) an investment shareholder at the investment shareholder's
latest address as shown in the records of the cooperative or
its transfer agent, and
(c) a director at the director's latest address as shown in the
records of the cooperative or in the notice filed with the
application for incorporation pursuant to section 4(c) or a
notice of change sent to the Registrar under section 68.
(2) A director named in a notice sent by a cooperative to the
Registrar under section 4(c) or 68 is presumed, for the purposes of
this Act, to be a director of the cooperative referred to in the notice.
(3) A notice or document sent in accordance with subsection (1) to
a member, investment shareholder or director is deemed to have
been received 7 days, or any other period specified in the bylaws,
after it was sent unless there are reasonable grounds to believe that
the member, investment shareholder or director did not receive the
notice or document at that time or at all.
(4) If a cooperative sends a notice or document to a member or
investment shareholder in accordance with subsection (1) and the
notice or document is returned on 2 consecutive occasions because
the member or investment shareholder cannot be found, the
cooperative is not required to send any further notices or
documents to the member or investment shareholder until the
cooperative is informed in writing of the member's or investment
shareholder's new address.
(5) Unless the cooperative's bylaws, articles or other governing
documents expressly provide otherwise, a notice or document
required to be sent, served or delivered under this section or
section 347 may be sent by electronic means in accordance with the
provisions of the Electronic Transactions Act.
(6) A notice or document sent by electronic means in accordance
with subsection (5) is deemed to have been received, served or
delivered at the time it would be received in the ordinary course of
electronic means despite the fact that it is returned as undeliverable.
2001 cC-28.1 s346;2001 c23 s1(3);2021 c3 s4;2022 c16 s3(70)