Bill Text: CA AB651 | 2009-2010 | Regular Session | Introduced

California Assembly Bill 651 (Prior Session Legislation)

Introduced

Bill Title: Corporate records: rights of inspection.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-02-02 - Died at Desk. [AB651 Detail]

Download: California-2009-AB651-Introduced.html

BILL NUMBER: AB 651	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Anderson

                        FEBRUARY 25, 2009

   An act to amend Section 6330 of the Corporations Code, relating to
corporations.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 651, as introduced, Anderson. Corporate records: rights of
inspection.
   Existing law entitles a member of a corporation to inspect, or
obtain a copy of, the record of the names, addresses, and voting
rights of those members entitled to vote for the election of
directors.
   This bill would make nonsubstantive changes to those provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 6330 of the Corporations Code is amended to
read:
   6330.  (a) Subject to Sections 6331 and 6332, and unless the
corporation provides a reasonable alternative pursuant to subdivision
(c), a member may do either or both of the following as permitted by
subdivision (b):
   (1) Inspect and copy the record of all the members' names,
addresses  ,  and voting rights, at reasonable times, upon
five business days' prior written demand upon the corporation  ,
 which demand shall state the purpose for which the inspection
rights are requested  ; or   . 
   (2) Obtain from the secretary of the corporation, upon written
demand and tender of a reasonable charge, an alphabetized list of the
names, addresses, and voting rights of those members entitled to
vote for the election of directors, as of the most recent record date
for which it has been compiled or as of a date specified by the
member subsequent to the date of demand. The demand shall state the
purpose for which the list is requested. The membership list shall be
made available on or before the later of 10 business days after the
demand is received or after the date specified therein as the date as
of which the list is to be compiled.
   (b) The rights set forth in subdivision (a) may be exercised by
 the following  :
   (1) Any member, for a purpose reasonably related to the person's
interest as a member. Where the corporation reasonably believes that
the information will be used for another purpose, or where it
provides a reasonable alternative pursuant to subdivision (c), it may
deny the member access to the list. In any subsequent action brought
by the member under Section 6336, the court shall enforce the rights
set forth in subdivision (a) unless the corporation proves that the
member will allow use of the information for purposes unrelated to
the person's interest as a member or that the alternative method
offered reasonably achieves the proper purpose set forth in the
demand.
   (2) The authorized number of members for a purpose reasonably
related to the members' interest as members.
   (c) The corporation may, within 10 business days after receiving a
demand under subdivision (a), deliver to the person or persons
making the demand a written offer of an alternative method of
achieving the purpose identified in the demand without providing
access to or a copy of the membership list. An alternative method
 which   that  reasonably and in a timely
manner accomplishes the proper purpose set forth in a demand made
under subdivision (a) shall be deemed a reasonable alternative,
unless within a reasonable time after acceptance of the offer the
corporation fails to do those things  which  
that  it offered to do. Any rejection of the offer shall be in
writing and shall indicate the reasons the alternative proposed by
the corporation does not meet the proper purpose of the demand made
pursuant to subdivision (a).