(1) A member is entitled to inspect and copy, at the member's expense, during regular business hours at a reasonable location stated by the cooperative, any of the records described in section 7-56-107 (4) if the member meets the requirements of subsection (2) of this section and gives the cooperative written demand at least five business days before the date on which the member wishes to inspect and copy such records. Notwithstanding the provisions of this subsection (1) or any provisions of section 7-56-107 (4), no member shall have the right to inspect or copy any records of the cooperative relating to the amount of equity capital in the cooperative held by any person or any accounts receivable or other amounts due the cooperative from any person.
(2) To be entitled to inspect and copy permitted records, the member shall meet the following requirements:
The member has been a member for at least one year immediately preceding thedemand to inspect or copy or is a member holding at least five percent of all of the outstanding equity interests in the cooperative as of the date the demand is made;
The demand is made in good faith and for a proper corporate business purpose;
The member describes with reasonable particularity the purpose and the records themember desires to inspect; and
The records are directly connected with the described purpose.
The right of inspection granted by this section may not be abolished or limited by thearticles, bylaws, or any actions of the board or the members.
This section does not affect:
The right of a member to inspect records to the same extent as any other litigant if themember is in litigation with the cooperative; or
The power of a court to compel the production of the cooperative's records for examination.
Notwithstanding any other provision in this section, if the records of the cooperativeto be inspected or copied are in active use or storage and, therefore, not available at the time otherwise provided for inspection or copying, the cooperative shall notify the member of this fact and shall set a date and hour within three business days of the date otherwise set in this section for the inspection or copying.
This section shall not apply to section 7-56-303.
Source: L. 96: Entire article R&RE, p. 499, § 1, effective July 1. L. 2003: (1) amended, p. 2226, § 81, effective July 1, 2004.