§ 23-17-27-4 — Court order for inspection and copying; payment of costs by corporation; restrictions on use of records

(a) If a corporation does not allow a member
who complies with section 2(a) of this chapter to inspect and copy
records required under section 2(a) of this chapter to be available for
inspection, the circuit court or superior court of the county where:
(1) the corporation's principal office is located; or
(2) if the principal office is not located in Indiana, the
corporation's registered office is located;
may order inspection and copying of the records demanded at the
corporation's expense upon application of the member.
(b) If a corporation does not within a reasonable time allow a
member to inspect and copy any other record, a member who complies
with section 2(b) and 2(c) of this chapter may apply to the circuit court
or superior court of the county where:
(1) the corporation's principal office is located; or
(2) if the principal office is not located in Indiana, the
corporation's 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, the court shall also order the corporation to pay the
member's costs, including reasonable attorney's fees, incurred to obtain
the order unless the corporation proves that the corporation refused
inspection in good faith because the corporation had a reasonable basis
for doubt about the right of the member to inspect the records
demanded.
(d) If the court orders inspection and copying of the records
demanded, the court may impose reasonable restrictions on the use or
distribution of the records by the demanding member.

Legislative History

As added by P.L.179-1991, SEC.1.