§ 7-56-303 — Members' list for meeting

Colorado § 7-56-303

• Jurisdiction: Colorado
• Title 07: Corporations
• Art.: Cooperatives

Text

(1) After fixing a record date for a
meeting of the membership, the cooperative shall prepare a list of the names and
addresses of all its members who are entitled to be given notice of the meeting. The
members' list shall be available for inspection by any member or member's agent or
attorney, for a proper corporate purpose, beginning the earlier of ten days before
the meeting for which the list was prepared or two business days after notice of the
meeting is given and continuing through the meeting, and any adjournment thereof.
Section 7-56-307 is not applicable to this section.

(2) The cooperative shall make the members' list available at the meeting,
and any member or member's agent or attorney is entitled to inspect the list at any
time and for a proper corporate purpose during the meeting or any adjournment.

(3) If the cooperative refuses to allow a member or the member's agent or
attorney to inspect the members' list before or at the meeting, as permitted by
subsection (1) or (2) of this section, the member may apply to the district court for
the county in this state in which the street address of the cooperative's principal
office is located or, if the cooperative has no principal office in this state, to the
district court for the county in which the street address of its registered agent is
located or, if the cooperative has no registered agent, to the district court for the
city and county of Denver for an order permitting the member or the member's
agent or attorney to inspect the members' list.

(4) The court may order inspection of the members' list pursuant to
subsection (3) of this section, unless the cooperative proves that it refused
inspection or copying of the list in good faith because it had a reasonable basis for
doubt about the right of the member or the agent or attorney of the member to
inspect or copy the members' list. The court may also postpone or adjourn the
meeting for which the list was prepared until the inspection ordered by the court is
complete. In any such action:

(a) The court may order the losing party to pay the prevailing party's
reasonable costs, including reasonable attorney fees;

(b) The court may order the losing party to pay the prevailing party for any
damages the prevailing party shall have incurred by reason of the subject matter of
the litigation;

(c) If inspection or copying is ordered pursuant to subsection (3) of this
section, the court may order the cooperative to pay the member's inspection and
copying expenses; and

(d) The court may grant either party any other remedy provided by law.

(5) If a court orders inspection of the members' list pursuant to subsection
(3) of this section, the court may impose reasonable restrictions on the use or
distribution of the list by the member.

(6) Failure to prepare or make available the members' list does not affect the
validity of action taken at the meeting.

Legislative History

Source: L. 96: Entire article R&RE, p. 495, � 1, effective July 1. L. 2003: (3) amended, p. 2225, � 79, effective July 1, 2004.