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Is Emailing Mailing?

"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.  
© 2010-2022 Allen Matkins Leck Gamble Mallory & Natsis LLP National Law Review, Volume XI, Number 308
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About this Author

Keith Paul Bishop, Corporate Transactions Lawyer, finance securities attorney, Allen Matkins Law Firm
Partner

Keith Bishop works with privately held and publicly traded companies on federal and state corporate and securities transactions, compliance, and governance matters. He is highly-regarded for his in-depth knowledge of the distinctive corporate and regulatory requirements faced by corporations in the state of California.

While many law firms have a great deal of expertise in federal or Delaware corporate law, Keith’s specific focus on California corporate and securities law is uncommon. A former California state regulator of securities and financial institutions, Keith has decades of...

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