N.C. R. Prac. Super. & Dist. Ct. 17

As amended through June 18, 2024

Rule 17 - COURT-ORDERED INSPECTION OF NONPROFIT CORPORATION RECORDS

17.1 Procedure

The procedure for a member of a nonprofit corporation as defined by NCGS 55A-1-40(17) for court-ordered inspection of the following corporate records shall be governed by NCGS 55A-16-04:

A corporation shall maintain the records specified in this section in a manner so that they may be made available for inspection within a reasonable time.

(1) Its articles of incorporation as currently in effect.

(2) Its bylaws as currently in effect.

(3) All written communications within the past three years to shareholders generally.

(4) Minutes of all meetings of, and records of all actions taken without a meeting by, its shareholders, its board of directors, and board committees established under section NCGS 55-8-25.

(5) A list of the names and business addresses of its current directors and officers.

(6) Its most recent annual report delivered as required by NCGS 55-16-22.

An application for court-ordered inspection of corporate records shall be filed with the Clerk of Superior Court. The applicant shall email a copy of the filed application to the Court Manager at stephanie.h.hinson@nccourts.org for review by the Senior Resident Superior Court Judge.

The Senior Resident Superior Court Judge shall dispose of the action on an expedited basis and may summarily order inspection with, or without, a hearing on the application. A hearing may be held remotely. If a hearing is not scheduled, the application may be decided on affidavits. The Senior Resident Superior Court Judge shall exercise discretion in setting all schedules and timelines with respect to the expedited disposition of the application.

N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 17

Adopted May 30, 2023, effective 5/30/2023.