§414D-304 Court-ordered inspection.  (a)  [Subsection effective until June 30,2010.  For subsection effective July 1, 2010, see below.]  If a corporationdoes not allow a member who complies with section 414D‑302(a) to inspectand copy any records required by that section to be available for inspection,the court in the county where the corporation's principal office (or, if nonein this State, its registered office) is located may summarily order inspectionand copying of the records demanded at the corporation's expense uponapplication of the member.

(a)  [Subsection effective July 1, 2010. For subsection effective until June 30, 2010, see above.]  If a corporationdoes not allow a member who complies with section 414D‑302(a) to inspectand copy any records required by that section to be available for inspection,the court in the county where the corporation's principal office (or, if nonein this State, in the city and county of Honolulu) is located may summarilyorder inspection and copying of the records demanded at the corporation'sexpense upon application of the member.

(b)  [Subsection effective until June 30,2010.  For section effective July 1, 2010, see below.]  If a corporationdoes not within a reasonable time allow a member to inspect and copy any otherrecord, the member who complies with section 414D‑302(b) and (c) mayapply to the court in the county where the corporation's principal office (or,if none in this State, in the city and county of Honolulu) is located for anorder to permit inspection and copying of the records demanded.  The courtshall dispose of an application under this subsection on an expedited basis.

(b)  [Subsection effective July 1, 2010. For section effective until June 30, 2010, see above.]  If a corporationdoes not within a reasonable time allow a member to inspect and copy any otherrecord, the member who complies with section 414D‑302(b) and (c) mayapply to the court in the county where the corporation's principal office (or,if none in this State, in the city and county of Honolulu) is located for anorder to permit inspection and copying of the records demanded.  The courtshall dispose of an application under this subsection on an expedited basis.

(c)  If the court orders inspection and copyingof the records demanded, it shall also order the corporation to pay themember's costs (including reasonable counsel fees) incurred to obtain the orderunless the corporation proves that it refused inspection in good faith becauseit had a reasonable basis to doubt the right of the member to inspect therecords demanded.

(d)  If the court orders inspection and copyingof the records demanded, it may impose reasonable restrictions on the use ordistribution of the records by the demanding member.[L 2001, c 105, pt of §1; am L 2009, c 55, §28]