Court-ordered inspection
HRS §414D-304
in effect414D-304. Court-ordered inspection
(a) If a corporation does not allow a member who complies with section 414D‑302(a) to inspect and copy any records required by that section to be available for inspection, the court in the county where the corporation's principal office (or, if none in this State, in the city and county of Honolulu) is located may summarily order inspection and copying of the records demanded at the corporation's expense upon application of the member.
(b) If a corporation does not within a
reasonable time allow a member to inspect and copy any other record, the member
who complies with section 414D‑302(b) and (c) may apply to the court in the
county where the corporation's principal office (or, if none in this State, in
the city and county of Honolulu) is located 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
member's costs (including reasonable counsel fees) incurred to obtain the order
unless the corporation proves that it refused inspection in good faith because
it had a reasonable basis to doubt the right of the member 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 member.
[L 2001, c 105, pt of §1; am L 2009, c 55, §28]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol08_Ch0401-0429/HRS0414D/HRS_0414D-0304.htmFetched: 11/10/2026