Utah Revised Nonprofit Corporation Act
Utah Code Title 16, Chapter 6a
Click here for the current Nonprofit Corporation Act.
The below is not updated with new changes to the law after 2018!
16-6a-1604. Court-ordered
inspection of corporate records.
(1) (a) A director or member may petition the applicable
court if:
(i) a
nonprofit corporation refuses to allow a director or member, or the director's or
member's agent or attorney, to inspect or copy any records that the director or
member is entitled to inspect or copy under Subsection 16-6a-1602(1);
and
(ii) the
director or member complies with Subsection 16-6a-1602(1).
(b) If petitioned under Subsection (1)(a), the court
may summarily order the inspection or copying of the records demanded at the
nonprofit corporation's expense on an expedited basis.
(2) (a) A director or member may petition the applicable
court if:
(i) a
nonprofit corporation refuses to allow a director or member, or the director's
or member's agent or attorney, to inspect or copy any records that the director
or member is entitled to inspect or copy pursuant to Subsections 16-6a-1602(2)
and (3) within a reasonable time following the director's or member's demand;
and
(ii) the
director or member complies with Subsections 16-6a-1602(2)
and (3).
(b) If the court is petitioned under Subsection
(2)(a), the court may summarily order the inspection or copying of the records
demanded.
(3) If a court orders inspection or copying of the records
demanded under Subsection (1) or (2), unless the nonprofit corporation proves
that it refused inspection or copying in good faith because it had a reasonable
basis for doubt about the right of the director or member, or the director's or
member's agent or attorney, to inspect or copy the records demanded:
(a) the court shall also order the nonprofit
corporation to pay the director's or member's costs, including reasonable
counsel fees, incurred to obtain the order;
(b) the court may order the nonprofit corporation to
pay the director or member for any damages the member incurred;
(c) if inspection or copying is ordered pursuant to
Subsection (2), the court may order the nonprofit corporation to pay the
director's or member's inspection and copying expenses; and
(d) the court may grant the director or member any
other remedy provided by law.
(4) If a court orders inspection or copying of records
demanded, it may impose reasonable restrictions on the use or distribution of
the records by the demanding director or member.
(5) For purposes of this section, the applicable court is:
(a) the district court of the county in this state
where the nonprofit corporation's principal office is located; or
(b) if the nonprofit corporation has no principal
office in this state, the district court in and for Salt Lake County.
Amended by Chapter 364, 2008 General Session