Is Emailing Mailing?

Allen Matkins
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Allen Matkins

But you remember this. When you control the mail, you control . . . information.”*

Although the first email was reportedly sent four years before the enactment in 1975 of the California General Corporation Law,  the GCL has only a handful of references to "electronic mail" (Sections 118, 1502 and 2117).   The GCL has many more references to "mail".   Therefore, some may wonder whether email is mail.  

Section 113 of the Corporations Code provides that any reference in the GCL to "mailing" means first-class mail, postage prepaid, unless registered or some other form of mail is specified or permitted.  Thus, emailing is not mailing as far as the GCL is concerned.   However, Section 113 does provide that registered mail includes certified mail.

*Newman, Seinfeld, Season 5.  

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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