§ 10-33-70 — Members' list for meeting

North Dakota § 10-33-70

• Jurisdiction: North Dakota
• Title 10: Corporations
• Ch. 10-33: Nonprofit Corporations

Text

1. After fixing a record date for notice of and voting at a meeting, a corporation shall
prepare an alphabetical list of the names of its members who are entitled to notice and
to vote. The list must show the address and number of votes each member is entitled
to vote at the meeting.
2. The list of members must be available for inspection by a member with voting rights for
the purpose of communication with other members concerning the meeting, beginning
two business days after the meeting notice is given and continuing through the
meeting, at the principal executive office of the corporation or at a reasonable place
identified in the meeting notice in the city where the meeting will be held.
a. The list also must be available at the meeting.
b. A member, a member's agent, or attorney is entitled on written demand to inspect
and to copy the list, at a reasonable time and at the member's expense, during
the period it is available for inspection and at any time during the meeting or an
adjournment.
3. If the corporation refuses to allow a member with voting rights, the member's agent, or
attorney to inspect the list of members before or at the meeting, the district court of the
county where the principal executive office of the corporation is located, on application
of the member, may:
a. Order the inspection or copying at the corporation's expense;
b. Postpone the meeting until the inspection or copying is complete; or
c. Order the corporation to pay the member's costs, including reasonable attorney's
fees, incurred to obtain the order.
4. Unless a written demand to inspect and copy a membership list has been made under
subsection 2 before the membership meeting and a corporation improperly refuses to
comply with the demand, refusal or failure to comply with this section does not affect
the validity of action taken at the meeting.
5. A member, agent, or attorney who gains access to a membership list under this
section may not use or give to another for use the membership list for any purpose
other than a proper purpose. Upon application of the corporation, the district court may
issue a protective order or order other relief necessary to enforce this subsection.