North Carolina General Statutes 55-16-04. Court-ordered inspection
(a) If a corporation does not allow a qualified shareholder who complies with N.C. Gen. Stat. § 55-16-02(a) to inspect and copy any records required by that subsection to be available for inspection, the superior court of the county where the corporation’s principal office, or if none in this State, its registered office, is located may, upon application of the qualified shareholder, summarily order inspection and copying of the records demanded at the corporation’s expense.
(b) If a corporation does not within a reasonable time allow a qualified shareholder who complies with N.C. Gen. Stat. § 55-16-02(b) to inspect and copy the records required by that subsection, the qualified shareholder who complies with N.C. Gen. Stat. § 55-16-02(b) and (c) may apply to the superior court in the county where the corporation’s principal office, or if none in this State, its registered office, 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 may impose reasonable restrictions on their confidentiality, use, or distribution by the demanding qualified shareholder, and it shall also order the corporation to pay the qualified shareholder’s costs, including reasonable attorneys’ fees, incurred to obtain the order unless the corporation establishes that it refused inspection in good faith due to any of the following:
(1) The corporation had a reasonable basis for doubt about the right of the shareholder to inspect the records demanded.
Terms Used In North Carolina General Statutes 55-16-04
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) The corporation required reasonable restrictions on the confidentiality, use, or distribution of the records demanded to which the demanding qualified shareholder had been unwilling to agree.
(d) Repealed by Session Laws 2021-106, s. 6(e), effective October 1, 2021, and applicable to demands for inspection and requests for financial statements received by a corporation on or after that date. (1901, c. 2, s. 49; Rev., s. 1179; C.S., s. 1172; G.S., s. 55-109; 1955, c. 1371, s. 1; 1965, c. 609; 1973, c. 469, s. 11; 1989, c. 265, s. 1; 2021-106, s. 6(e).)