2013 New Hampshire Revised Statutes
Title XXVIII - PARTNERSHIPS
Chapter 304-C - LIMITED LIABILITY COMPANIES
Section 304-C:56 - Actions in the Superior Court to Enforce Rights Under RSA 304-C:55.
304-C:56 Actions in the Superior Court to Enforce Rights Under RSA 304-C:55.
I. Unless the operating agreement provides otherwise:
(a) Any action to enforce any right arising under this section shall be brought in the superior court.
(b) If (1) the limited liability company refuses a demand by a member to obtain information under RSA 304-C:55, I or by a manager to examine information described under that section or (2) the limited liability company does not reply to the demand within 5 business days after receiving it, or any shorter or longer period of time that is provided for in an operating agreement, but not longer than 30 business days, the demanding member or manager may apply to the superior court for an order to compel the disclosure of the information.
(c) The superior court is hereby vested with exclusive jurisdiction to determine whether or not a person seeking information under RSA 304-C:55 is entitled to the information.
(d) The superior court may summarily order the limited liability company to permit the demanding member to obtain or the demanding manager to examine the information described in RSA 304-C:55, I and to make copies or abstracts of documents containing this information.
(e) The superior court may summarily order the limited liability company to furnish to the demanding member or manager the information described in RSA 304-C:55, I on the condition that the demanding member or manager first pay to the limited liability company the reasonable cost of obtaining and furnishing the information and on such other conditions as the superior court deems appropriate.
(f) When a demanding member seeks to obtain or a manager seeks to examine the information described in RSA 304-C:55, I the demanding member or manager shall first establish (1) that the demanding member or manager has complied with the provisions of this section respecting the form and manner of making demand for obtaining or examining of such information; and (2) that the information the demanding member or manager seeks is reasonably related to the member's interest as a member or to the manager's position as a manager.
(g) The superior court may, in its discretion, prescribe any limitations or conditions with reference to the obtaining or examining of information and may award any other relief which the superior court deems just and proper.
(h) The superior court may order books, documents, and records, pertinent extracts of them or duly authenticated copies of them to be brought into this state and to be kept in this state upon such terms and conditions as the order may prescribe.
II. The provisions of RSA 304-C:55, II shall not be construed to limit the ability of any court to impose restrictions on the rights of a member or manager to obtain information by any other means permitted under this act.
Source. 2012, 232:2, eff. Jan. 1, 2013.
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