Sec. 33-948. Court-ordered inspection. - Connecticut Statutes

      Sec. 33-948. Court-ordered inspection. (a) If a corporation does not allow a shareholder who complies with subsection (a) of section 33-946 to inspect and copy any records required by that subsection to be available for inspection, the superior court for the judicial district where the corporation's principal office or, if none in this state, its registered office is located may summarily order inspection and copying of the records demanded at the corporation's expense upon application of the shareholder.

      (b) If a corporation does not within a reasonable time allow a shareholder to inspect and copy any other record, the shareholder who complies with subsections (b) and (c) of section 33-946 may apply to the superior court for the judicial district where the corporation's principal office or, if none in this state, its registered office is located for an order to permit inspection and copying of the records demanded. The court shall dispose of an application under this subsection on an expedited basis.

      (c) If the court orders inspection and copying of the records demanded, it shall also order the corporation to pay the shareholder's costs, including reasonable attorney's fees, incurred to obtain the order unless the corporation proves that it refused inspection in good faith because it had a reasonable basis for doubt about the right of the shareholder to inspect the records demanded.

      (d) If the court orders inspection and copying of the records demanded, it may impose reasonable restrictions on the use or distribution of the records by the demanding shareholder.

      (P.A. 94-186, S. 201, 215; P.A. 97-246, S. 40, 99.)

      History: P.A. 94-186 effective January 1, 1997; P.A. 97-246 amended Subsec. (c) to replace "counsel fees" with "attorney's fees", effective June 27, 1997.

      Annotations to former section 33-56:

      Right of stockholder to examine books and enforcement by mandamus. 87 C. 483; 90 C. 638.

      Cited. 6 CS 76. Conditions which must be met before stockholder may exercise his qualified right to examine books. 14 CS 160. Beneficiaries of trust held to have no legal right enforceable by a writ of mandamus to examine corporate books since this is a privilege incident to the ownership of shares. 21 CS 33.

      Annotations to former section 33-334:

      Cited. 183 C. 85.

      Shareholder must make application for examination of records to the superior court by way of a writ, summons and complaint. 25 CS 253.

      Subsec. (b):

      Cited. 26 CS 136.

      Annotation to present section:

      Cited. 45 CS 101.

      Subsec. (b):

      Law firm lacked probable cause to file complaint on behalf of shareholder to permit inspection of corporate records in matter where the offer to repurchase shares of stock held by shareholder had expired. 103 CA 20.