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2022 New Hampshire Revised Statutes
Title XXVII - Corporations, Associations, and Proprietors of Common Lands
Title 293-A - New Hampshire Business Corporation Act
Section 293-A:16.04 - Court-Ordered Inspection.
Universal Citation:
NH Rev Stat § 293-A:16.04 (2022)
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293-A:16.04 Court-Ordered Inspection. –
(a) If a corporation does not allow a shareholder who complies with RSA 293-A:16.02(a) to inspect and copy any records required by that subsection to be available for inspection, the superior court of the county where the corporation's principal office (or, if none in this state, its registered office) is located or the business and commercial dispute docket of the superior court (which court shall be deemed to have jurisdiction to hear such matter and to which the corporation shall be deemed to have consented) may summarily order inspection and copying of the records demanded at the corporation's expense upon application of the shareholder.
(b) If a corporation does not within a reasonable time allow a shareholder to inspect and copy any other record, the shareholder who complies with RSA 293-A:16.02(c) and (d) may apply to the superior court in the county where the corporation's principal office (or, if none in this state, its registered office) is located or the business and commercial dispute docket of the superior court (which court shall be deemed to have jurisdiction to hear such matter and to which the corporation shall be deemed to have consented) 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, it shall also order the corporation to pay the shareholder's expenses incurred to obtain the order unless the corporation proves that it refused inspection in good faith because it had a reasonable basis for doubt about the right of the shareholder to inspect the records demanded.
(d) If the court orders inspection and copying of the records demanded, it may impose reasonable restrictions on the use or distribution of the records by the demanding shareholder.
(a) If a corporation does not allow a shareholder who complies with RSA 293-A:16.02(a) to inspect and copy any records required by that subsection to be available for inspection, the superior court of the county where the corporation's principal office (or, if none in this state, its registered office) is located or the business and commercial dispute docket of the superior court (which court shall be deemed to have jurisdiction to hear such matter and to which the corporation shall be deemed to have consented) may summarily order inspection and copying of the records demanded at the corporation's expense upon application of the shareholder.
(b) If a corporation does not within a reasonable time allow a shareholder to inspect and copy any other record, the shareholder who complies with RSA 293-A:16.02(c) and (d) may apply to the superior court in the county where the corporation's principal office (or, if none in this state, its registered office) is located or the business and commercial dispute docket of the superior court (which court shall be deemed to have jurisdiction to hear such matter and to which the corporation shall be deemed to have consented) 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, it shall also order the corporation to pay the shareholder's expenses incurred to obtain the order unless the corporation proves that it refused inspection in good faith because it had a reasonable basis for doubt about the right of the shareholder to inspect the records demanded.
(d) If the court orders inspection and copying of the records demanded, it may impose reasonable restrictions on the use or distribution of the records by the demanding shareholder.
Source. 2013, 142:1, eff. Jan. 1, 2014.
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