10-11604. Court ordered inspection
A. If a corporation does not allow a member who complies with section 10-11602,
subsection A to inspect and copy any records required by that subsection to be available
for inspection, the court in the county where the corporation's known place of business
is located may summarily order inspection and copying of the records demanded at the
corporation's expense upon application of the member.
B. If a corporation does not allow within a reasonable time a member to inspect and
copy any other record, the member who complies with section 10-11602, subsections B and C
may apply to the court in the county where the corporation's known place of business is
located for an order to permit inspection and copying of the records demanded. The court
shall dispose of an application under this subsection on an expedited basis.
C. If the court orders inspection and copying of the records demanded, it shall
also order the corporation to pay the member's costs, including reasonable attorney fees,
incurred to obtain the order, unless the corporation proves that it refused inspection in
good faith because it had a reasonable basis for doubt about the right of the member to
inspect the records demanded. The court may order a member to pay all or a portion of
the corporation's costs, including reasonable attorney fees, if the demand to inspect is
denied in whole or in material part.
D. If the court orders inspection and copying of the records demanded, it may
impose reasonable restrictions on the use or distribution of the records by the demanding
member.
|