Title 14, Chapter 11, Section 313
( 14-11-313)
Except as otherwise provided in the articles of organization or a
written operating agreement: (1) Each limited liability company shall keep at its principal
office the following: (A) A current list of the name and last known address of each
member and manager; (B) Copies of records that would enable a member to determine
the relative voting rights, if any, of the members; (C) A copy of the articles of organization, together with any
amendments thereto; (D) Copies of the limited liability company's federal, state,
and local income tax returns, if any, for the three most recent
years; (E) A copy of any operating agreement that is in writing,
together with any amendments thereto; and (F) Copies of financial statements, if any, of the limited
liability company for the three most recent years; (2) A member may: (A) At the member's own expense, inspect and copy any limited
liability company record upon reasonable request during ordinary
business hours; (B) Obtain from time to time upon reasonable demand: (i) True and complete information regarding the state of the
business and financial condition of the limited liability
company; (ii) Promptly after becoming available, a copy of the limited
liability company's federal, state, and local income tax
returns, if any, for each year; and (iii) Other information regarding the affairs of the limited
liability company as is just and reasonable; and (3) If the limited liability company refuses to permit the
inspection authorized by paragraph (2) of this Code section, the
member demanding inspection may apply to the superior court for
the county in which the registered office of the limited liability
company is located, upon such notice as the court may require, for
an order directing the limited liability company to show cause why
an order permitting such inspection by the applicant should not be
granted. The court shall hear the parties summarily, by affidavit
or otherwise, and if the limited liability company fails to
establish that the applicant is not entitled to such inspection,
the court shall grant an order permitting such inspection, subject
to any limitations which the court may prescribe, and grant such
other relief, including costs and reasonable attorneys' fees, as
the court may deem just and proper. |