§414D-103 - Court-ordered meetings.
§414D-103
Court-ordered meetings. (a) [Subsection effective until June
30, 2010. For subsection effective July 1, 2010, see below.] The court of
the county where a corporation's principal office (or, if none in this State,
its registered office) is located may summarily order a meeting to be held:
(1) On application of any member or other person
entitled to participate in an annual or regular meeting, if an annual meeting
was not held within the earlier of six months after the end of the corporation's
fiscal year or fifteen months after its last annual meeting;
(2) On application of any member or other person
entitled to participate in a regular meeting, if a regular meeting is not held
within forty days after the date it was required to be held; or
(3) On application of a member or members entitled to
call a special meeting, who signed a demand for a special meeting valid under
section 414D‑102.
(a) [Subsection effective July 1, 2010.
For subsection effective until June 30, 2010, see above.] The court of the
county where a corporation's principal office (or, if none in this State, in
the city and county of Honolulu) is located may summarily order a meeting to be
held:
(1) On application of any member or other person
entitled to participate in an annual or regular meeting, if an annual meeting
was not held within the earlier of six months after the end of the
corporation's fiscal year or fifteen months after its last annual meeting;
(2) On application of any member or other person
entitled to participate in a regular meeting, if a regular meeting is not held
within forty days after the date it was required to be held; or
(3) On application of a member or members entitled to
call a special meeting, who signed a demand for a special meeting valid under
section 414D‑102.
(b) The court may fix the time and place of
the meeting, specify a record date for determining members entitled to notice
of and to vote at the meeting, prescribe the form and content of the meeting
notice, fix the quorum required for specific matters to be considered at the
meeting (or direct that the votes represented at the meeting constitute a quorum for action on those matters), and enter other
orders necessary to accomplish the purpose or purposes of the meeting.
(c) The court may
order the corporation to pay the member's costs (including reasonable counsel
fees) incurred to obtain the order in the event of a court-ordered meeting.
[L 2001, c 105, pt of §1; am L 2009, c 55, §19]