"Electronic transmission by the corporation" means a
communication (a) delivered by (1) facsimile telecommunication or
electronic mail when directed to the facsimile number or electronic
mail address, respectively, for that recipient on record with the
corporation, (2) posting on an electronic message board or network
which the corporation has designated for those communications,
together with a separate notice to the recipient of the posting,
which transmission shall be validly delivered upon the later of the
posting or delivery of the separate notice thereof, or (3) other
means of electronic communication, (b) to a recipient who has
provided an unrevoked consent to the use of those means of
transmission for communications under or pursuant to this code, and
(c) that creates a record that is capable of retention, retrieval,
and review, and that may thereafter be rendered into clearly legible
tangible form. However, an electronic transmission under this code by
a corporation to an individual shareholder or member of the
corporation who is a natural person, and if an officer or director of
the corporation, only if communicated to the recipient in that
person's capacity as a shareholder or member, is not authorized
unless, in addition to satisfying the requirements of this section,
the consent to the transmission has been preceded by or includes a
clear written statement to the recipient as to (a) any right of the
recipient to have the record provided or made available on paper or
in nonelectronic form, (b) whether the consent applies only to that
transmission, to specified categories of communications, or to all
communications from the corporation, and (c) the procedures the
recipient must use to withdraw consent.