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

(b)  The list of members shall be available forinspection by any member for the purpose of communication with other membersconcerning the meeting, at the corporation's principal office or at areasonable place identified in the meeting notice in the city where the meetingwill be held, beginning two business days after notice of the meeting for whichthe 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 toinspect 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 theperiod it is available for inspection; provided that a labor union organizedunder this chapter with a tax exemption under section 501(c)(5) of the federalInternal Revenue Code of 1986, as amended, shall not be required to providecopies of the membership list if doing so would violate any federal or statelaw relating to labor unions.

(c)  The corporation shall make the list ofmembers available at the meeting; provided that a request for the list issubmitted no fewer than five business days prior to the scheduled date of themeeting.  Any member, member's agent, or member's attorney is entitled toinspect 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 thecorporation refuses to allow a member, a member's agent, or a member's attorneyto inspect the list of members before or at the meeting (or copy the list aspermitted by subsection (b)), the court of the county where a corporation'sprincipal office (or if none in this State, its registered office) is located,on application of the member, may summarily order the inspection or copying atthe corporation's expense and may postpone the meeting for which the list wasprepared until the inspection or copying is complete and may order thecorporation 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 thecorporation refuses to allow a member, a member's agent, or a member's attorneyto inspect the list of members before or at the meeting (or copy the list aspermitted by subsection (b)), the court of the county where a corporation'sprincipal 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 orcopying at the corporation's expense and may postpone the meeting for which thelist was prepared until the inspection or copying is complete and may order thecorporation to pay the member's costs (including reasonable counsel fees)incurred to obtain the order.

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

(f)  This section shall not apply to time shareowners associations as defined in chapter 514E. [L 2001, c 105, pt of §1; am L2002, c 130, §47; am L 2009, c 55, §20]