ARTICLE
8 November 2021

Is Emailing Mailing?

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Allen Matkins Leck Gamble Mallory & Natsis LLP

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Allen Matkins, founded in 1977, is a California-based law firm with more than 200 attorneys in four major metropolitan areas of California: Los Angeles, Orange County, San Diego, and San Francisco. The firm's areas of focus include real estate, construction, land use, environmental and natural resources, corporate and securities, real estate and commercial finance, bankruptcy, restructurings and creditors' rights, joint ventures, and tax; labor and employment, and trials, litigation, risk management, and alternative dispute resolution in all of these areas. For more information about Allen Matkins please visit www.allenmatkins.com.
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).
United States California Corporate/Commercial Law

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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