Books, Records and Reports

V.S.A. tit. 11, ch. 1, subch. 6

in effect

11 V.S.A. § 441 Corporation to produce books on notice

441. Corporation to produce books on notice (a) A corporation doing business within this State, whether organized under the laws of this or any other state or country, when notice therefor is served upon it according to the provisions of section 442 of this title, shall produce before any court, magistrate, grand jury, tribunal, or commission, acting under the authority of this State, all books, documents, correspondence, memoranda, papers, and data which may contain any information concerning any suit, proceedings, action, charge, or subject of inquiry pending before or to be determined by the court, magistrate, grand jury, tribunal, or commission, except a civil action in a Superior Court, and which have been made or kept at any time within this State, and are in the custody or control of the corporation in this State or elsewhere at the time of service of the notice upon it. (b) When notice therefor is served upon it according to the provisions of section 442 of this title, the corporation shall produce before any court, magistrate, grand jury, tribunal, or commission acting under the authority of this State, all books, documents, correspondence, memoranda, papers, and data which may contain any information concerning any suit, proceedings, action, charge, or subject of inquiry pending before or to be determined by the court, magistrate, grand jury, tribunal, or commission, except a civil action in a Superior Court, and which in any way relate to or contain entries, data, or memoranda concerning any transaction within this State or with any party residing or having a place of business within this State, and which are in the custody or control of the corporation in this State or elsewhere at the time of service of notice upon it. Amended 1971, No. 185 (Adj. Sess.), § 27, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 64.

11 V.S.A. § 442 Notice for production

442. Notice for production Such notice to produce shall issue from the court, magistrate, tribunal, or commission before which the production is required. The notice shall describe in a general way what is required to be produced, and shall state the time when and place where the production is required. Service of the notice shall be made in the same manner as the law provides for the service of a summons upon such corporation, and shall give such corporation at least six days’ time within which to comply. When such corporation has no officer, agent, or attorney to receive service of process as provided by law, service of the notice may be made upon the manager of its business within this State, or the person in charge of its property within this State, or upon its attorney within this State, or upon the Secretary of State, in the same manner as the law provides for the service of a summons.

11 V.S.A. § 443 Contempt

443. Contempt When such corporation, without reasonable cause, neglects or refuses to comply with the requirement of such notice, it may be punished as for contempt by the court having jurisdiction in the premises to punish for contempt. Execution may issue for the collection of such fine as may be imposed for such contempt. The execution shall be served and all proceedings thereunder be governed according to the law relating to service and return of final process issuing from Superior Court. Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.

11 V.S.A. § 444 Injunction and receivership

444. Injunction and receivership Upon petition therefor made by the State’s Attorney of the county in which such judgment for contempt is rendered, or by the Attorney General, the Superior Court may enjoin a corporation which has been adjudged in contempt under section 443 of this title from further exercising its corporate functions within this State, and if necessary for the protection of the creditors of such corporation, shall appoint a receiver to take possession of the property and estate of such corporation situated within this State. The receiver shall take, hold, administer, and dispose of such property and estate under the orders and directions of such Superior Court. Such court or any presiding judge of the Superior Court may grant a temporary injunction, appoint a temporary receiver, or make such other interlocutory orders or decrees as may be required to carry out the provisions of this section. Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/11/001Fetched: 10/21/2026