Is an email considered writing?

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Is an email considered writing?

The board president sent an email to the executive director stating that he is resigning. His resignation was accepted via email. He claims that email is not considered writing. The bylaws read “A board member may resign by delivering his or her written resignation to the executive director or to the president. Such resignation shall be effective upon receipt….”

Asked on February 17, 2012 under Business Law, Idaho

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

An email could indeed be considered writing for this purpose, unless there is something more specific in the bylaws indicating that it is not. For example, if the bylaws state that any written notice required by the bylaws shall be delivered to a certain physical or mailing address, then it may be the case that an email would be ineffective, since regardless of whether it is "writing," it was not delivered in a way or to an address required by the by-laws. Therefore, while an email can, in general, be considered writing, you need to rreview the by-laws' notice and delivery requirements to see if they implicitly require notice by some other mechanism, such as first class or registered mail, hand delivery, etc.l


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