§ 7-1.2-1604 - Interrogatories.
SECTION 7-1.2-1604
§ 7-1.2-1604 Interrogatories. – (a) The secretary of state may propound to any domestic or foreign corporationsubject to the provisions of this chapter, and to any of its officers ordirectors, any interrogatories that may be reasonably necessary and proper toenable the secretary of state to ascertain whether the corporation has compliedwith all the applicable provisions of this chapter. The interrogatories must beanswered within thirty (30) days after their mailing, or within any additionaltime that is fixed by the secretary of state, and the answers to theinterrogatories must be full and complete and made in writing and under oath.If the interrogatories are directed to an individual they must be answered byhim or her, and if directed to a corporation they must be answered by thepresident, vice president, secretary, or assistant secretary of thecorporation. The secretary of state need not file any document to which theinterrogatories relate until the interrogatories are answered as provided inthese provisions, and not then if the interrogatory answers disclose that thedocument is not in conformity with the provisions of this chapter. Thesecretary of state shall certify to the attorney general, for any action thatthe attorney general deems appropriate, all interrogatories and their answerswhich disclose a violation of any of the provisions of this chapter.
(b) Each corporation, domestic or foreign, that fails orrefuses to answer truthfully and fully within the time prescribed by thischapter interrogatories propounded by the secretary of state, in accordancewith the provisions of this chapter, is guilty of a misdemeanor and uponconviction of it may be fined in any amount not exceeding five hundred dollars($500).
(c) Interrogatories propounded by the secretary of state andthe answers to the interrogatories are not open to public inspection, nor maythe secretary of state disclose any facts or information obtained from themexcept insofar as the secretary's official duty requires the facts orinformation to be made public or in the event the interrogatories or theiranswers are required for evidence in any criminal proceedings or in any otheraction by this state.