§ 16-16-505 — Right of member and former member to information.

Utah § 16-16-505

• Jurisdiction: Utah
• Title 16: Corporations
• Ch. 16-16: Uniform Limited Cooperative Association Act
• Part 16-16-5: Members

Text

(1) Not later than 10 business days after receipt of a demand made in a record, a limited cooperative association shall permit a member to obtain, inspect, and copy in the association's principal office required information listed in Subsections 16-16-114(1)(a) through (h) during regular business hours. A member need not have any particular purpose for seeking the information. The association is not required to provide the same information listed in Subsections 16-16-114(1)(b) through (h) to the same member more than once during a six-month period.
(2) On demand made in a record received by the limited cooperative association, a member may obtain, inspect, and copy in the association's principal office required information listed in Subsections 16-16-114(1)(i), (j), (l), (m), (p), and (r) during regular business hours, if:

(2)(a) the member seeks the information in good faith and for a proper purpose reasonably related to the member's interest;
(2)(b) the demand includes a description with reasonable particularity of the information sought and the purpose for seeking the information;
(2)(c) the information sought is directly connected to the member's purpose; and
(2)(d) the demand is reasonable.
(3) Not later than 10 business days after receipt of a demand pursuant to Subsection (2), a limited cooperative association shall provide, in a record, the following information to the member that made the demand:

(3)(a) if the association agrees to provide the demanded information:
(3)(a)(i) what information the association will provide in response to the demand; and
(3)(a)(ii) a reasonable time and place at which the association will provide the information; or
(3)(b) if the association declines to provide some or all of the demanded information, the association's reasons for declining.
(4) A person dissociated as a member may obtain, inspect, and copy information available to a member under Subsection (1) or (2) by delivering a demand in a record to the limited cooperative association in the same manner and subject to the same conditions applicable to a member under Subsection (2) if:

(4)(a) the information pertains to the period during which the person was a member in the association; and
(4)(b) the person seeks the information in good faith.
(5) A limited cooperative association shall respond to a demand made pursuant to Subsection (4) in the manner provided in Subsection (3).
(6) Not later than 10 business days after receipt by a limited cooperative association of a demand made by a member in a record, but not more often than once in a six-month period, the association shall deliver to the member a record stating the information with respect to the member required by Subsection 16-16-114(1)(q).
(7) A 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 under this Subsection (7), the association has the burden of proving reasonableness.
(8) 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.
(9) A person that may obtain information under this section may obtain the information through an attorney or other agent. A restriction imposed on the person under Subsection (7) or by the organic rules applies to the attorney or other agent.
(10) The rights stated in this section do not extend to a person as transferee.
(11) The organic rules may require a limited cooperative association to provide more information than required by this section and may establish conditions and procedures for providing the information.

Legislative History

Enacted by Chapter 363, 2008 General Session