10-1604. Court-ordered inspection
A. If a corporation does not allow a shareholder who complies with section 10-1602,
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 on application of the shareholder.
B. If a corporation does not allow within a reasonable time a shareholder to
inspect and copy any other record, the shareholder who complies with section 10-1602,
subsections B and C may apply to the court in the county where the corporation's
principal office 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 shareholder'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 shareholder to inspect the records demanded. The court may order a shareholder 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
shareholder.
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