State Codes and Statutes

Statutes > North-carolina > Chapter_55A > GS_55A-16-04

§55A‑16‑04.  Court‑ordered inspection.

(a)        If a corporationdoes not allow a member who complies with G.S. 55A‑16‑02(a) toinspect and copy any records required by that subsection to be available forinspection, the superior court in the county where the corporation's principaloffice (or, if there is none in this State, its registered office) is locatedmay, upon application of the member, summarily order inspection and copying ofthe records demanded at the corporation's expense.

(b)        If a corporationdoes not within a reasonable time allow a member to inspect and copy any otherrecord, the member who complies with G.S. 55A‑16‑02(b) and (c) mayapply to the superior court in the county where the corporation's principaloffice (or, if there is none in this State, its registered office) is locatedfor an order to permit inspection and copying of the records demanded.  Thecourt shall dispose of an application under this subsection on an expeditedbasis.

(c)        If the court ordersinspection and copying of the records demanded, it shall also order thecorporation to pay the member's cost (including reasonable attorneys' fees)incurred to obtain the order unless the corporation proves that it refusedinspection in good faith because it had a reasonable basis for doubt about theright of the member to inspect the records demanded.

(d)        If the court ordersinspection and copying of the records demanded, it may impose reasonablerestrictions on the use or distribution of the records by the demanding member.(1993, c. 398, s. 1.)

State Codes and Statutes

Statutes > North-carolina > Chapter_55A > GS_55A-16-04

§55A‑16‑04.  Court‑ordered inspection.

(a)        If a corporationdoes not allow a member who complies with G.S. 55A‑16‑02(a) toinspect and copy any records required by that subsection to be available forinspection, the superior court in the county where the corporation's principaloffice (or, if there is none in this State, its registered office) is locatedmay, upon application of the member, summarily order inspection and copying ofthe records demanded at the corporation's expense.

(b)        If a corporationdoes not within a reasonable time allow a member to inspect and copy any otherrecord, the member who complies with G.S. 55A‑16‑02(b) and (c) mayapply to the superior court in the county where the corporation's principaloffice (or, if there is none in this State, its registered office) is locatedfor an order to permit inspection and copying of the records demanded.  Thecourt shall dispose of an application under this subsection on an expeditedbasis.

(c)        If the court ordersinspection and copying of the records demanded, it shall also order thecorporation to pay the member's cost (including reasonable attorneys' fees)incurred to obtain the order unless the corporation proves that it refusedinspection in good faith because it had a reasonable basis for doubt about theright of the member to inspect the records demanded.

(d)        If the court ordersinspection and copying of the records demanded, it may impose reasonablerestrictions on the use or distribution of the records by the demanding member.(1993, c. 398, s. 1.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_55A > GS_55A-16-04

§55A‑16‑04.  Court‑ordered inspection.

(a)        If a corporationdoes not allow a member who complies with G.S. 55A‑16‑02(a) toinspect and copy any records required by that subsection to be available forinspection, the superior court in the county where the corporation's principaloffice (or, if there is none in this State, its registered office) is locatedmay, upon application of the member, summarily order inspection and copying ofthe records demanded at the corporation's expense.

(b)        If a corporationdoes not within a reasonable time allow a member to inspect and copy any otherrecord, the member who complies with G.S. 55A‑16‑02(b) and (c) mayapply to the superior court in the county where the corporation's principaloffice (or, if there is none in this State, its registered office) is locatedfor an order to permit inspection and copying of the records demanded.  Thecourt shall dispose of an application under this subsection on an expeditedbasis.

(c)        If the court ordersinspection and copying of the records demanded, it shall also order thecorporation to pay the member's cost (including reasonable attorneys' fees)incurred to obtain the order unless the corporation proves that it refusedinspection in good faith because it had a reasonable basis for doubt about theright of the member to inspect the records demanded.

(d)        If the court ordersinspection and copying of the records demanded, it may impose reasonablerestrictions on the use or distribution of the records by the demanding member.(1993, c. 398, s. 1.)