§414D-304 - Court-ordered inspection.
§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]