§414D-304 
Court-ordered inspection.  (a)  [Subsection effective until June 30,
2010.  For subsection effective July 1, 2010, see below.]  If a corporation
does not allow a member who complies with section 414D‑302(a) to inspect
and 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 none
in this State, its registered office) is located may summarily order inspection
and copying of the records demanded at the corporation's expense upon
application of the member.



(a)  [Subsection effective July 1, 2010. 
For subsection effective until June 30, 2010, see above.]  If a corporation
does not allow a member who complies with section 414D‑302(a) to inspect
and 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 none
in this State, in the city and county of Honolulu) is located may summarily
order inspection and copying of the records demanded at the corporation's
expense upon application of the member.



(b)  [Subsection effective until June 30,
2010.  For section effective July 1, 2010, see below.]  If a corporation
does not within a reasonable time allow a member to inspect and copy any other
record, the member who complies with section 414D‑302(b) and (c) may
apply 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 an
order to permit inspection and copying of the records demanded.  The court
shall 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 corporation
does not within a reasonable time allow a member to inspect and copy any other
record, the member who complies with section 414D‑302(b) and (c) may
apply 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 an
order to permit inspection and copying of the records demanded.  The court
shall dispose of an application under this subsection on an expedited basis.



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



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