§ 21-2933 — Right of member and former member to information

Nebraska § 21-2933

• Jurisdiction: Nebraska
• Ch. 21: Corporations and Other Companies

Text

(1) On ten days' demand, made in a record received by the limited cooperative association, a member may inspect and copy required information under subdivisions (1) through (7) of section 21-2910 during regular business hours in the limited cooperative association's principal office. A demand to inspect and copy records shall be in good faith and for a proper purpose. A member may demand the same information under subdivisions (1) through (7) of section 21-2910 no more than once during a twelve-month period.
(2) On demand, made in a record received by the limited cooperative association, a member may obtain from the limited cooperative association and inspect and copy required information if the demand is just and reasonable. A demand to inspect and copy records is just and reasonable if:
(a) The member seeks the information for a proper purpose reasonably related to the member's interest as a member;
(b) The demand includes a description, with reasonable particularity, of the information sought and the purpose for seeking the information; and
(c) The information sought is directly connected to the member's purpose.
(3) Within ten days after receiving a demand pursuant to subdivision (2)(b) of this section, the limited cooperative association shall inform, in a record, the member that made the demand:
(a) Of what information the limited cooperative association will provide in response to the demand;
(b) Of the reasonable time and place that the limited cooperative association will provide the information; and
(c) That the limited cooperative association will decline to provide any demanded information and the limited cooperative association's reasons for declining.
(4) A person dissociated as a member pursuant to section 21-2982 may inspect and copy required information during regular business hours in the limited cooperative association's principal office if:
(a) The information pertains to the period during which the person was a member;
(b) The person seeks the information in good faith; and
(c) The person complies with this section.
(5) The limited cooperative association shall respond to a demand made pursuant to subsection (4) of this section in the same manner as otherwise provided in this section.
(6) The limited cooperative association may impose reasonable restrictions, including nondisclosure restrictions, on the use of information obtained under this section. In a dispute concerning the reasonableness of a restriction, the limited cooperative association has the burden of proving reasonableness.
(7) A limited cooperative association may charge a person that makes a demand under this section reasonable costs of copying, limited to the costs of labor and material.
(8) A member or person dissociated as a member may exercise the rights under this section through an attorney or other agent. A restriction imposed under this section or by the articles of organization or bylaws on a member or person dissociated as a member applies both to the attorney or other agent and to the member or person dissociated as a member.
(9) The rights stated in this section do not extend to a person as transferee but may be exercised by the legal representative of an individual under legal disability who is a member or person dissociated as a member.

Legislative History

Source: Laws 2007, LB368, § 33.