Title 46, Chapter 3, Section 271
( 46-3-271)
(a) Each electric membership corporation shall keep correct and
complete books and records of account, shall keep minutes of the
proceedings of its members and board of directors, and shall keep at
its registered office or principal place of business a record of its
members, giving the names and addresses of all members and the
number of members. (b) Subject to the limitations set forth in this Code section and in
other applicable laws, any person who is a member of the electric
membership corporation in good standing shall, upon written demand
stating the purpose thereof and the books and records sought to be
examined, have the right to examine, in person or by agent or
attorney, at any reasonable time or times, for any proper purpose,
its books and records and, at his own expense, may make extracts
therefrom. Any such inspection, however, may be denied or limited
upon one or more of the following grounds: (1) The member refuses to warrant and furnish to the electric
membership corporation an affidavit that such inspection is
desired for a purpose reasonably related to the business of the
electric membership corporation; (2) The inspection seeks information the release of which would
unduly infringe upon or invade the privacy of any person; (3) The inspection is sought for a dishonest purpose or to gratify
mere curiosity, or is otherwise inimical to the lawful interest of
the electric membership corporation or is not reasonably germane
to the interest of the member as such; (4) The books and records sought to be inspected deal with trade
secrets or information which is privileged, confidential, or
proprietary; or (5) The member refuses to warrant and furnish an affidavit that he
has not, within the five years preceding the date of the
affidavit, sold or offered for sale and does not now intend to
sell or offer to sell any list of members of the electric
membership corporation or of any other electric membership
corporation, or any list of shareholders of a corporation, and
that he has not, within such five-year period, aided or abetted
and does not now intend to aid or abet any other person in
procuring any list of members or shareholders for such purpose. (c) If the electric membership corporation or an officer or agent of
the electric membership corporation refuses to permit the inspection
authorized by subsection (b) of this Code section, the member
demanding inspection may apply to the superior court of the county
in which the electric membership corporation's registered office is
located, upon such notice as the court may require, for an order
directing the electric membership corporation or its officers or
agents to show cause why an order should not be granted permitting
such inspection by the applicant. The court shall hear the parties
summarily, by affidavit or otherwise; and, if the applicant
establishes that he is qualified and is entitled to such inspection,
the court shall grant an order permitting such inspection, subject
to any limitations which the court may prescribe, and shall grant
such other relief, including costs and reasonable attorney's fees,
as the court may deem just and proper. The court may deny or
restrict inspection if it finds that the member has improperly used
information secured through any prior examination of the books and
records of account, or minutes or records of members of such
electric membership corporation or of any other electric membership
corporation, or that any other grounds, as set forth above, exist
for denying or restricting such inspection. (d) Not later than four months after the close of each fiscal year,
and in any case prior to the annual meeting of members, each
electric membership corporation shall prepare: (1) A balance sheet or comparable financial statement showing in
reasonable detail the financial condition of the electric
membership corporation as of the close of its fiscal year; and (2) A profit and loss statement or comparable financial statement
showing the results of its operation during the fiscal year. (e) Upon written request, an electric membership corporation
promptly shall mail to any member of record a copy of the most
recent such balance sheet and profit and loss statement or
comparable statement. |