§ 55A-7-03. Court-ordered meeting. - North Carolina Statutes

§55A‑7‑03.  Court‑ordered meeting.

(a)        The superior courtof the county where a corporation's principal office, or, if there is none inthis State, its registered office, is located may, after notice is given to thecorporation and upon such further notice and opportunity to be heard, if any,as the court may deem appropriate under the circumstances, summarily order ameeting to be held:

(1)        On application ofany member if an annual meeting was not held within 15 months after thecorporation's last annual meeting; or

(2)        On application of amember who signed a demand for a special meeting valid under G.S. 55A‑7‑02,if the corporation has not held the meeting as required by that section.

(b)        The court may fixthe time and place of the meeting, specify a record date for determining thosepersons entitled to notice of and to vote at the meeting, prescribe the formand content of the meeting notice, fix the quorum required for specific mattersto be considered at the meeting (or direct that the votes represented at themeeting constitute a quorum for action on those matters), and enter otherorders necessary to accomplish the purpose or purposes of the meeting.

(c)        If the court ordersa meeting, it may also order the corporation to pay all or part of the member'scosts (including reasonable attorneys' fees) incurred to obtain the order. (1993,c. 398, s. 1.)