§414D-103 - Court-ordered meetings.
§414D-103 Court-ordered meetings. (a) [Subsection effective until June30, 2010. For subsection effective July 1, 2010, see below.] The court ofthe 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 personentitled to participate in an annual or regular meeting, if an annual meetingwas not held within the earlier of six months after the end of the corporation'sfiscal year or fifteen months after its last annual meeting;
(2) On application of any member or other personentitled to participate in a regular meeting, if a regular meeting is not heldwithin forty days after the date it was required to be held; or
(3) On application of a member or members entitled tocall a special meeting, who signed a demand for a special meeting valid undersection 414D‑102.
(a) [Subsection effective July 1, 2010. For subsection effective until June 30, 2010, see above.] The court of thecounty where a corporation's principal office (or, if none in this State, inthe city and county of Honolulu) is located may summarily order a meeting to beheld:
(1) On application of any member or other personentitled to participate in an annual or regular meeting, if an annual meetingwas not held within the earlier of six months after the end of thecorporation's fiscal year or fifteen months after its last annual meeting;
(2) On application of any member or other personentitled to participate in a regular meeting, if a regular meeting is not heldwithin forty days after the date it was required to be held; or
(3) On application of a member or members entitled tocall a special meeting, who signed a demand for a special meeting valid undersection 414D‑102.
(b) The court may fix the time and place ofthe meeting, specify a record date for determining members entitled to noticeof and to vote at the meeting, prescribe the form and content of the meetingnotice, fix the quorum required for specific matters to be considered at themeeting (or direct that the votes represented at the meeting constitute a quorum for action on those matters), and enter otherorders necessary to accomplish the purpose or purposes of the meeting.
(c) The court mayorder the corporation to pay the member's costs (including reasonable counselfees) 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]