What is Advance Notice?
How do you legally define it?
What are the important elements you should know!
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Table of Contents
Understanding Advance Notice
Advance notice is when a person or company provides a notification or alert to another prior to the happening of a future event.
The term advance notice may sound a little redundant as many tend to assume that a “notice” implies that it must be given in advance.
By definition, a notice is an alter, warning or information provided to another.
In most cases, a notice serves to warn or alter someone of something in the future, although it can be used to refer to past events.
For example, if you provide a notice that the contract term is expiring, this would be advanced notice.
However, if a person breaches the contract and you provide them with a notice of default, you are qualifying the past events as violating the terms of the contract.
Advance Notice definition
How do you define advance notice?
Advance notice is a “notice” given ahead of a certain event or to provide information to someone.
By definition, a notice communicates information about a future event, such as a warning, announcement or warning.
In legal writing, the phrase “advance notice” is used quite often to provide advance legal notification to a person or company in many types of situations such as:
- Notice required by law
- Notice required by contract
- Notice of default
- Notice for the adoption of a new police
- Advanced notice of meeting
In business and law, there are many reasons why a company or party may want to give a notice in advance.
According to The Free Dictionary by Farlex, advance notice is defined as:
A notification, signal, or sign that something is going to happen or is expected to happen.
With this definition, you can see that the advance notice meaning is a way of signalling something to someone or letting someone know that something is expected to happen.
Advance notice or advanced notice
Sometimes, you see the phrase “advance notice” and sometimes you see “advanced notice”.
Which one is proper?
Let’s first look at the definition of the terms “advance” and “advanced” to see if there’s a nuance that we must take into consideration.
The term “advance”, as a verb, is defined as something that makes progress.
As a noun, advance means something having a forward movement.
On the other hand, the term “advanced” does not have the same meaning as “advance”.
In fact, advanced is an adjective that is defined to mean something modern or far ahead.
It can also mean something complex, not elementary or modern.
With that being said, from a legal perspective, they both appear to refer to the same concept of “forewarning” or “advance notice”.
In legal writing, whether you are using the phrase advanced notice or advance notice, you are referring to an advance notification.
Advance or advanced notice can be used when you are looking to refer to a notification or an alter given ahead of a milestone or future event.
Examples
Let’s see how “advance” notice is used in contracts or in legal writing.
Example 1: Bylaws advance notice
A record date request shall include the following: (i) the information that a stockholder would be required, pursuant to the Bylaws, to include in an advance notice submitted by such stockholder in connection with an annual meeting of stockholders, and (ii) with respect to any proposed nominee for election to the Board and each other matter proposed to be acted upon at the special meeting, the information that such stockholder would be required, pursuant to the Bylaws, to include in an advance notice submitted by such stockholder in connection with an annual meeting of stockholders.
Example 2: Board of director procedures
Our Board firmly believes that adopting advance notice procedures will not only promote and facilitate orderly shareholder meetings, but also provide a reasonable level of protection against those who may seek to impose policies, strategies or limitations that they believe would be rejected if given full, fair and open consideration by our shareholders in advance of a shareholder meeting.
Example 3: Use in a sentence (common English)
Thank you for the advance notice, we have decided to go for this trip whether you get your travel papers in time or not.
Takeaways
So, what is an Advance Notice?
Let’s look at a summary of our findings.
Advance Notice:
Related legal terms
Advance party
Advance payment
Cease and desist notification
Legal notification
Notice of default
Warning letter
