§414D-109  Members' list for meeting. 
(a)  After fixing a record date for a notice of a meeting, a corporation shall
prepare an alphabetical list of the names of all its members who are entitled
to notice of the meeting.  The list shall show the address and number of votes
each member is entitled to vote at the meeting.  The corporation shall prepare
on a current basis through the time of the membership meeting a list of
members, if any, who are entitled to vote at the meeting, but not entitled to
notice of the meeting.  This list shall be prepared on the same basis and be
part of the list of members.



(b)  The list of members shall be available for
inspection by any member for the purpose of communication with other members
concerning the meeting, at the corporation's principal office or at a
reasonable place identified in the meeting notice in the city where the meeting
will be held, beginning two business days after notice of the meeting for which
the list was prepared is given, and continuing through the meeting.  A member,
a member's agent, or a member's attorney is entitled on written demand to
inspect and, subject to the limitations of sections 414D-302(c) and 414D-305,
to copy the list, at a reasonable time and at the member's expense, during the
period it is available for inspection; provided that a labor union organized
under this chapter with a tax exemption under section 501(c)(5) of the federal
Internal Revenue Code of 1986, as amended, shall not be required to provide
copies of the membership list if doing so would violate any federal or state
law relating to labor unions.



(c)  The corporation shall make the list of
members available at the meeting; provided that a request for the list is
submitted no fewer than five business days prior to the scheduled date of the
meeting.  Any member, member's agent, or member's attorney is entitled to
inspect the list at any time during the meeting or any adjournment.



(d)  [Subsection effective until June 30,
2010.  For subsection effective July 1, 2010, see below.]  If the
corporation refuses to allow a member, a member's agent, or a member's attorney
to inspect the list of members before or at the meeting (or copy the list as
permitted by subsection (b)), the court of the county where a corporation's
principal office (or if none in this State, its registered office) is located,
on application of the member, may summarily order the inspection or copying at
the corporation's expense and may postpone the meeting for which the list was
prepared until the inspection or copying is complete and may order the
corporation to pay the member's costs (including reasonable counsel fees)
incurred to obtain the order.



(d)  [Subsection effective July 1, 2010. 
For subsection effective until June 30, 2010, see above.]  If the
corporation refuses to allow a member, a member's agent, or a member's attorney
to inspect the list of members before or at the meeting (or copy the list as
permitted by subsection (b)), 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, on application of the member, may summarily order the inspection or
copying at the corporation's expense and may postpone the meeting for which the
list was prepared until the inspection or copying is complete and may order the
corporation to pay the member's costs (including reasonable counsel fees)
incurred to obtain the order.



(e)  Unless a written demand to inspect and
copy a membership list has been made under subsection (b) prior to the
membership meeting and a corporation improperly refuses to comply with the
demand, refusal or failure to comply with this section shall not affect the
validity of action taken at the meeting.



(f)  This section shall not apply to time share
owners associations as defined in chapter 514E. [L 2001, c 105, pt of §1; am L
2002, c 130, §47; am L 2009, c 55, §20]