Nonprofit Corporations Archives - Goodman Law Group https://goodlaw.legal/az-statutes-category/nonprofit-corporations/ All your needs under one roof. Thu, 16 Mar 2023 18:33:48 +0000 en-US hourly 1 https://wordpress.org/?v=6.9.4 https://goodlaw.legal/wp-content/uploads/2022/10/goodman-law-favicon-2-150x150.png Nonprofit Corporations Archives - Goodman Law Group https://goodlaw.legal/az-statutes-category/nonprofit-corporations/ 32 32 §10-3141 Notice https://goodlaw.legal/arizona-az-hoa-statutes/10-3141-notice/?utm_source=rss&utm_medium=rss&utm_campaign=10-3141-notice Sun, 30 Aug 2020 07:30:11 +0000 https://goodlaw.legal/statutes/10-3141-notice/ Title 10 – Corporations and Associations Chapter 24 – General Provisions-nonprofit Corporations Article 4 – Definitions, Notice, Private Foundations, Judicial Relief and Religious organizations A. Notice under chapters 24 through 40 of this title must be in writing unless oral notice is reasonable under the circumstances. Oral notice is not permitted if written notice is […]

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]]> Title 10 – Corporations and Associations

Chapter 24 – General Provisions-nonprofit Corporations

Article 4 – Definitions, Notice, Private Foundations, Judicial Relief and Religious organizations

  • A. Notice under chapters 24 through 40 of this title must be in writing unless oral notice is reasonable under the circumstances. Oral notice is not permitted if written notice is required under chapters 24 through 40 of this title.
  • B. Notice may be communicated in person, by telephone, telegraph, teletype, fax, electronic transmission or other form of wire or wireless communication, or by mail or private carrier. If these forms of personal notice are impracticable, notice may be communicated by a newspaper of general circulation in the area where published or by radio, television or other form of public broadcast communication.
  • C. Written notice by a domestic or foreign corporation to its members or directors, if in comprehensible form, is effective when mailed, if correctly addressed to the member’s or director’s address shown on the corporation’s current list of members or directors. Notice given by electronic transmission, if in comprehensible form, is effective when directed to an e-mail address shown on the corporation’s current list of members or directors.
  • D. A written notice or report by a domestic or foreign corporation to its members delivered as part of a newsletter, magazine or other publication regularly sent to members shall constitute a written notice or report if addressed or delivered to the member’s address shown in the corporation’s current list of members, or in the case of members who are residents of the same household and who have the same address in the corporation’s current list of members, if addressed or delivered to one of such members, at the address appearing on the current list of members.
  • E. Written notice to a domestic or foreign corporation that is authorized to transact business in this state, other than in its capacity as a member, may be addressed to its statutory agent at its known place of business or to the corporation or its secretary at its principal office shown in its most recent annual report on file with the commission, or in the case of a foreign corporation that has not yet delivered an annual report in its application for a certificate of authority. Unless otherwise prohibited in chapters 24 through 40 of this title, written notice may also be given by electronic transmission when directed to an e-mail address that the corporation or its statutory agent provides.
  • F. Except as provided in subsection C of this section, written notice, if in a comprehensible form, is effective at the earliest of the following:
    • 1. When received.
    • 2. Five days after its deposit in the United States mail as evidenced by the postmark, if mailed postpaid and correctly addressed.
    • 3. On the date shown on the return receipt, if sent by registered or certified mail, return receipt requested, and if the receipt is signed by or on behalf of the addressee.
  • G. Oral notice is effective when communicated if communicated in a comprehensible manner.
  • H. If chapters 24 through 40 of this title prescribe notice requirements for particular circumstances, those requirements govern. If articles of incorporation or bylaws prescribe notice requirements that are not inconsistent with this section or other provisions of chapters 24 through 40 of this title those requirements govern.

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]]> §10-2059 Officers of cooperative https://goodlaw.legal/arizona-az-hoa-statutes/10-2059-officers-of-cooperative/?utm_source=rss&utm_medium=rss&utm_campaign=10-2059-officers-of-cooperative Sun, 30 Aug 2020 07:30:09 +0000 https://goodlaw.legal/statutes/10-2059-officers-of-cooperative/ Title 10 – Corporations and Associations Chapter 19 – Not for Profit Corporations and associations, Cooperatives and Fraternal and Benevolent societies Article 2 – Electric Cooperative Nonprofit Membership Corporations The officers of a cooperative shall consist of a president, vice-president, secretary and treasurer, who shall be elected annually by and from the board of directors. […]

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]]> Title 10 – Corporations and Associations

Chapter 19 – Not for Profit Corporations and associations, Cooperatives and Fraternal and Benevolent societies

Article 2 – Electric Cooperative Nonprofit Membership Corporations

  • The officers of a cooperative shall consist of a president, vice-president, secretary and treasurer, who shall be elected annually by and from the board of directors. If stated in the bylaws, the officers of the cooperative do not have to be directors. Unless the bylaws provide otherwise, if a person holding any office ceases to be a director the person shall cease to hold the office. The offices of secretary and treasurer may be held by the same person. The board of directors may also elect or appoint all other officers, agents or employees it deems necessary or advisable and shall prescribe their powers and duties. An officer may be removed from office and his successor may be elected in the manner prescribed in the bylaws.

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]]> §10-2052 Purpose https://goodlaw.legal/arizona-az-hoa-statutes/10-2052-purpose/?utm_source=rss&utm_medium=rss&utm_campaign=10-2052-purpose Sun, 30 Aug 2020 07:30:08 +0000 https://goodlaw.legal/statutes/10-2052-purpose/ Title 10 – Corporations and Associations Chapter 19 – Not for Profit Corporations and associations, Cooperatives and Fraternal and Benevolent societies Article 2 – Electric Cooperative Nonprofit Membership Corporations A. Cooperative nonprofit membership corporations may be organized under this article for any of the following purposes: 1. Supplying, purchasing, marketing, selling, transmitting or distributing electric […]

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]]> Title 10 – Corporations and Associations

Chapter 19 – Not for Profit Corporations and associations, Cooperatives and Fraternal and Benevolent societies

Article 2 – Electric Cooperative Nonprofit Membership Corporations

  • A. Cooperative nonprofit membership corporations may be organized under this article for any of the following purposes:
    • 1. Supplying, purchasing, marketing, selling, transmitting or distributing electric energy to persons and promoting and extending the use of electric energy.
    • 2. Providing billing, metering, communications and other services related or incidental to supplying, providing or transmitting electric energy, whether or not the cooperative is itself supplying or transmitting that energy.
    • 3. Engaging in activities designed to promote economic development of rural areas as described in section 10-2057.
    • 4. Engaging in activities for any lawful purpose.
    • 5. Directly or through an affiliate, providing broadband service to areas in which the cooperative provides electric energy services.
  • B. In a rural area where there is no telephone service, a cooperative that is supplying electric energy in the area may enter into a cooperative agreement with the existing holder of a certificate of convenience and necessity for telephone service in the general area to supply telephone service in the same area.
  • C. Generation and transmission cooperatives as defined in article 4 of this chapter are subject to article 4 of this chapter and not to this article.

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]]> §10-2057 Powers of electric cooperative https://goodlaw.legal/arizona-az-hoa-statutes/10-2057-powers-of-electric-cooperative/?utm_source=rss&utm_medium=rss&utm_campaign=10-2057-powers-of-electric-cooperative Sun, 30 Aug 2020 07:30:08 +0000 https://goodlaw.legal/statutes/10-2057-powers-of-electric-cooperative/ Title 10 – Corporations and Associations Chapter 19 – Not for Profit Corporations and associations, Cooperatives and Fraternal and Benevolent societies Article 2 – Electric Cooperative Nonprofit Membership Corporations A. A cooperative organized under this article may: 1. Sue and be sued in its corporate name. 2. Have perpetual existence. 3. Adopt and alter a […]

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]]> Title 10 – Corporations and Associations

Chapter 19 – Not for Profit Corporations and associations, Cooperatives and Fraternal and Benevolent societies

Article 2 – Electric Cooperative Nonprofit Membership Corporations

  • A. A cooperative organized under this article may:
    • 1. Sue and be sued in its corporate name.
    • 2. Have perpetual existence.
    • 3. Adopt and alter a corporate seal.
    • 4. To compete more effectively with other entities in the electric energy market, engage in the generation, manufacture, purchase, acquisition, accumulation, transmission, marketing, sale, distribution, supply and disposition of electric energy, either individually or jointly in collaboration with other corporations that have loans made or guaranteed by the United States through the administrator of the rural utilities service or that are nonprofit members of the corporation.
    • 5. Assist persons to whom electric energy is or will be supplied by the cooperative in wiring their premises and in acquiring and installing electrical and plumbing appliances, equipment, fixtures and apparatus by means of financing.
    • 6. Assist persons to whom electric energy is or will be supplied by the cooperative in constructing, equipping, maintaining and operating electric cold storage or processing plants by means of financing.
    • 7. Construct, purchase, lease or otherwise acquire, and equip, maintain and operate, and sell, assign, convey, lease, mortgage, pledge or otherwise dispose of or encumber electric transmission and distribution lines or systems, electric generating plants, lands, buildings, structures, dams, plants and equipment, and any other real or personal property, tangible or intangible, that is deemed necessary, convenient or appropriate to accomplish any purpose for which the cooperative is organized or that it elects to undertake.
    • 8. Purchase, lease or otherwise acquire, and use, and exercise and sell, assign, convey, mortgage, pledge or otherwise dispose of or encumber, franchises, rights, privileges, licenses and easements.
    • 9. Borrow money and otherwise contract indebtedness, and issue notes, bonds and other evidences of indebtedness, and secure the payment thereof by mortgage, pledge or deed of trust of, or any other encumbrance on, any or all of its presently owned or after-acquired real or personal property, assets, franchises or revenues.
    • 10. Construct, maintain and operate electric transmission and distribution lines along, on, under and across publicly owned lands and public thoroughfares, including all roads, highways, streets, alleys, bridges and causeways, and acquire for such purposes franchises, licenses, permits, easements, rights-of-way and all similar rights and privileges relating to such purposes.
    • 11. Exercise the power of eminent domain in the manner and to the extent provided by the laws of this state for the exercise of such power by other corporations constructing or operating electric transmission and distribution lines or systems.
    • 12. Become a member of other cooperatives or corporations or own stock in those cooperatives or corporations or otherwise financially participate and invest in those cooperatives or corporations.
    • 13. Conduct its business and exercise its powers within or outside this state.
    • 14. Adopt, amend and repeal bylaws.
    • 15. Do and perform other acts and things and have and exercise other powers that may be necessary, convenient or appropriate to accomplish the purpose for which the cooperative is organized or to carry out its business and affairs.
    • 16. Subject to any limitation imposed by federal law, invest its own monies, make loans or guarantees or participate in rural community infrastructure projects, in job creation activities and in other activities to promote economic development in rural areas if the rural development activities are approved by the rural utilities service.
    • 17. Directly or through an affiliate, construct, operate, maintain, lease and license fiber-optic cables and other facilities to provide broadband service over, under, across, on or along real property, personal property, rights-of-way, easements and licenses and other property rights that are owned, held or used by the cooperative, including easement or other property rights owned, held or used by the cooperative to provide electricity or other services.
  • B. The authority granted in subsection A, paragraph 16 shall be used only for economic development in rural areas, and the electric cooperative shall not use monies intended for rural economic development to purchase or acquire electrical works or electrical facilities, whether real or personal property, or both, by the exercise of the right of eminent domain or condemnation nor shall such monies be used to purchase, construct, lease or acquire any electrical works or electrical facilities or make any extensions or additions designed to serve areas or territories already being lawfully served. In subsection A, paragraph 16 and this subsection:
    • 1. "Economic development" includes project feasibility studies, start-up costs, incubator projects and other reasonable expenses for the purpose of fostering rural economic development.
    • 2. "Invest" means to commit monies to earn a financial return on assets that are not expected to be used or useful in furnishing electric service. The total amount that the electric cooperative invests, loans or uses as a guarantee is limited to those monies authorized under federal law for rural development programs.
    • 3. "Job creation activities" includes providing technical, financial and managerial assistance.
    • 4. "Rural community infrastructure projects" includes water and waste systems and garbage collection services.
  • C. Beginning on January 1, 1999, the indemnification of members, directors, officers, employees and agents of a cooperative shall be in accordance with chapter 31, article 5 of this title.

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]]> §10-2051 Definitions https://goodlaw.legal/arizona-az-hoa-statutes/10-2051-definitions/?utm_source=rss&utm_medium=rss&utm_campaign=10-2051-definitions Sun, 30 Aug 2020 07:30:07 +0000 https://goodlaw.legal/statutes/10-2051-definitions/ Title 10 – Corporations and Associations Chapter 19 – Not for Profit Corporations and associations, Cooperatives and Fraternal and Benevolent societies Article 2 – Electric Cooperative Nonprofit Membership Corporations In this article, unless the context otherwise requires: 1. "Affiliate" means a person that directly or indirectly, through one or more intermediaries, controls, is controlled by […]

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]]> Title 10 – Corporations and Associations

Chapter 19 – Not for Profit Corporations and associations, Cooperatives and Fraternal and Benevolent societies

Article 2 – Electric Cooperative Nonprofit Membership Corporations

  • In this article, unless the context otherwise requires:
    • 1. "Affiliate" means a person that directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control with another person.
    • 2. "Broadband service" means providing access and transport to the internet, computer processing, information storage or protocol conversion at a download rate of at least twenty-five megabits per second and at an upload rate of at least three megabits per second.
    • 3. "Cooperative" means a corporation that is organized under this article or that becomes subject to this article in the manner provided in this article.
    • 4. "Executed by the cooperative" means executed by manual or facsimile signature on behalf of the cooperative by a duly authorized officer or, if the corporation is under the control of a receiver or trustee, by the receiver or trustee.
    • 5. "Person" means a natural person, firm, association, corporation, business trust, partnership, federal agency, state or political subdivision or agency of a state or any body politic.

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]]> §10-11630 Certificate of good standing; license and registration renewal https://goodlaw.legal/arizona-az-hoa-statutes/10-11630-certificate-of-good-standing-license-and-registration-renewal/?utm_source=rss&utm_medium=rss&utm_campaign=10-11630-certificate-of-good-standing-license-and-registration-renewal Wed, 02 Oct 2019 00:12:29 +0000 https://goodlaw.legal/statutes/10-11630-certificate-of-good-standing-license-and-registration-renewal/ Title 10 – Corporations and Associations Chapter 39 – Records and Reports-nonprofit Corporations Article 3 – Miscellaneous Provisions If a state agency can confirm through the commission that an applicant for renewal of a license or registration is entitled to the issuance of a certificate of good standing at the time of the inquiry, the […]

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]]> Title 10 – Corporations and Associations

Chapter 39 – Records and Reports-nonprofit Corporations

Article 3 – Miscellaneous Provisions

  • If a state agency can confirm through the commission that an applicant for renewal of a license or registration is entitled to the issuance of a certificate of good standing at the time of the inquiry, the agency shall not require an applicant to obtain a certificate.

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]]> §10-11631 Civil liability for false statements https://goodlaw.legal/arizona-az-hoa-statutes/10-11631-civil-liability-for-false-statements/?utm_source=rss&utm_medium=rss&utm_campaign=10-11631-civil-liability-for-false-statements Wed, 02 Oct 2019 00:12:29 +0000 https://goodlaw.legal/statutes/10-11631-civil-liability-for-false-statements/ Title 10 – Corporations and Associations Chapter 39 – Records and Reports-nonprofit Corporations Article 3 – Miscellaneous Provisions A. If any report, certificate or other statement made or public notice given by the officers or directors of a corporation is false in a material representation or if any book, record or account of the corporation […]

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]]> Title 10 – Corporations and Associations

Chapter 39 – Records and Reports-nonprofit Corporations

Article 3 – Miscellaneous Provisions

  • A. If any report, certificate or other statement made or public notice given by the officers or directors of a corporation is false in a material representation or if any book, record or account of the corporation is knowingly or wrongfully altered, the officers, directors or agents knowingly or wrongfully authorizing, signing or making the false report, certificate, other statement or notice or authorizing or making the wrongful alteration are jointly and severally personally liable to a person who has become a creditor or member of the corporation on the faith of the false material representation or alteration for all damages resulting.
  • B. An action for the liability imposed by this section shall be commenced within two years after discovery of the false representation or alteration and within six years after the certificate, report, public notice or other statement or the alteration has been made or given by the officers, directors or agents of the corporation.

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]]> §10-11632 Interrogatory or signature violations; corporate records; classification https://goodlaw.legal/arizona-az-hoa-statutes/10-11632-interrogatory-or-signature-violations-corporate-records-classification/?utm_source=rss&utm_medium=rss&utm_campaign=10-11632-interrogatory-or-signature-violations-corporate-records-classification Wed, 02 Oct 2019 00:12:29 +0000 https://goodlaw.legal/statutes/10-11632-interrogatory-or-signature-violations-corporate-records-classification/ Title 10 – Corporations and Associations Chapter 39 – Records and Reports-nonprofit Corporations Article 3 – Miscellaneous Provisions A. A person who knowingly fails or refuses within the time prescribed by this chapter to answer truthfully any interrogatories propounded to that person by the commission in accordance with this chapter or who signs any articles, […]

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]]> Title 10 – Corporations and Associations

Chapter 39 – Records and Reports-nonprofit Corporations

Article 3 – Miscellaneous Provisions

  • A. A person who knowingly fails or refuses within the time prescribed by this chapter to answer truthfully any interrogatories propounded to that person by the commission in accordance with this chapter or who signs any articles, statement, report, application or other document filed with the commission that is known to the person as false in any material respect is guilty of a class 4 felony.
  • B. A person who with the intent to defraud or deceive knowingly falsifies, alters, steals, destroys, mutilates, defaces, removes or secretes the books, records or accounts of a corporation is guilty of a class 5 felony.

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]]> §10-11633 Interrogatories by the commission https://goodlaw.legal/arizona-az-hoa-statutes/10-11633-interrogatories-by-the-commission/?utm_source=rss&utm_medium=rss&utm_campaign=10-11633-interrogatories-by-the-commission Wed, 02 Oct 2019 00:12:29 +0000 https://goodlaw.legal/statutes/10-11633-interrogatories-by-the-commission/ Title 10 – Corporations and Associations Chapter 39 – Records and Reports-nonprofit Corporations Article 3 – Miscellaneous Provisions The commission may propound to any domestic or foreign corporation subject to chapters 24 through 40 of this title and to any officer or director of the corporation interrogatories as may be reasonably necessary and proper to […]

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]]> Title 10 – Corporations and Associations

Chapter 39 – Records and Reports-nonprofit Corporations

Article 3 – Miscellaneous Provisions

  • The commission may propound to any domestic or foreign corporation subject to chapters 24 through 40 of this title and to any officer or director of the corporation interrogatories as may be reasonably necessary and proper to enable it to ascertain whether the corporation complied with all of the provisions of chapters 24 through 40 of this title applicable to the corporation. The interrogatories shall be answered within thirty days after the mailing of the interrogatories or within an additional time fixed by the commission, and the answers to the interrogatories shall be full and complete and shall be made in writing and under oath. If the interrogatories are directed to an individual they shall be answered by the individual, and if directed to a corporation they shall be answered by the president, vice-president, secretary or assistant secretary of the corporation. The commission need not file any document to which the interrogatories relate until the interrogatories have been answered as provided in this section, and not then if the answers to the interrogatories disclose that the document is not in conformity with the provisions of chapters 24 through 40 of this title. The commission shall certify to the attorney general, for such action as the attorney general deems appropriate, all interrogatories and answers to the interrogatories that disclose a violation of any of the provisions of chapters 24 through 40 of this title.

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]]> §10-11634 Information disclosed by interrogatories https://goodlaw.legal/arizona-az-hoa-statutes/10-11634-information-disclosed-by-interrogatories/?utm_source=rss&utm_medium=rss&utm_campaign=10-11634-information-disclosed-by-interrogatories Wed, 02 Oct 2019 00:12:29 +0000 https://goodlaw.legal/statutes/10-11634-information-disclosed-by-interrogatories/ Title 10 – Corporations and Associations Chapter 39 – Records and Reports-nonprofit Corporations Article 3 – Miscellaneous Provisions Interrogatories propounded by the commission and the answers to the interrogatories shall not be open to public inspection and the commission shall not disclose any facts or information obtained from the interrogatories and answers except if its […]

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]]> Title 10 – Corporations and Associations

Chapter 39 – Records and Reports-nonprofit Corporations

Article 3 – Miscellaneous Provisions

  • Interrogatories propounded by the commission and the answers to the interrogatories shall not be open to public inspection and the commission shall not disclose any facts or information obtained from the interrogatories and answers except if its official duty requires the facts or information to be made public or if the interrogatories or the answers are required for evidence in any criminal proceeding or in any other action by this state.

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]]> §10-11635 Certified copies received in evidence https://goodlaw.legal/arizona-az-hoa-statutes/10-11635-certified-copies-received-in-evidence/?utm_source=rss&utm_medium=rss&utm_campaign=10-11635-certified-copies-received-in-evidence Wed, 02 Oct 2019 00:12:29 +0000 https://goodlaw.legal/statutes/10-11635-certified-copies-received-in-evidence/ Title 10 – Corporations and Associations Chapter 39 – Records and Reports-nonprofit Corporations Article 3 – Miscellaneous Provisions All copies of documents delivered to and filed by the commission in accordance with chapters 24 through 40 of this title when certified by it shall be taken and received in all courts, public offices and official […]

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]]> Title 10 – Corporations and Associations

Chapter 39 – Records and Reports-nonprofit Corporations

Article 3 – Miscellaneous Provisions

  • All copies of documents delivered to and filed by the commission in accordance with chapters 24 through 40 of this title when certified by it shall be taken and received in all courts, public offices and official bodies as prima facie evidence of the facts stated in the documents. A certificate by the commission under seal as to the existence or nonexistence of the facts relating to corporations shall be taken and received in all courts, public offices and official bodies as prima facie evidence of the existence or nonexistence of the facts stated in the certificate.

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]]> §10-11636 Civil liability for false or misleading filings; exceptions https://goodlaw.legal/arizona-az-hoa-statutes/10-11636-civil-liability-for-false-or-misleading-filings-exceptions/?utm_source=rss&utm_medium=rss&utm_campaign=10-11636-civil-liability-for-false-or-misleading-filings-exceptions Wed, 02 Oct 2019 00:12:29 +0000 https://goodlaw.legal/statutes/10-11636-civil-liability-for-false-or-misleading-filings-exceptions/ Title 10 – Corporations and Associations Chapter 39 – Records and Reports-nonprofit Corporations Article 3 – Miscellaneous Provisions A. Except as provided in subsection C or D of this section, any person that authorizes or signs a report, certificate, notice or other document with respect to a corporation that is delivered for filing with the […]

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]]> Title 10 – Corporations and Associations

Chapter 39 – Records and Reports-nonprofit Corporations

Article 3 – Miscellaneous Provisions

  • A. Except as provided in subsection C or D of this section, any person that authorizes or signs a report, certificate, notice or other document with respect to a corporation that is delivered for filing with the commission pursuant to this chapter and that has knowledge at the time of delivery to the commission for filing that the information contained in that report, certificate, notice or other document is materially false or misleading is liable to the corporation and its creditors for all damages resulting from the act. The prevailing party in an action for the liability imposed under this subsection is entitled to an award for the prevailing party’s costs and reasonable attorney fees.
  • B. An action for the liability imposed by subsection A of this section must be commenced within two years after the discovery of the false or misleading statement or the time a reasonable person would have discovered it, but not later than six years after the report, certificate, notice or other document was filed or received by the commission.
  • C. Execution of a consent to serve as a statutory agent does not by itself constitute a certification of the truth or accuracy of the information contained in a report, certificate, notice or other document with respect to the corporation even if the consent is attached to another filing.
  • D. This section does not prevent the award of equitable remedies, if appropriate.

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]]> §10-11602 Inspection of records by members; applicability https://goodlaw.legal/arizona-az-hoa-statutes/10-11602-inspection-of-records-by-members-applicability/?utm_source=rss&utm_medium=rss&utm_campaign=10-11602-inspection-of-records-by-members-applicability Wed, 02 Oct 2019 00:12:28 +0000 https://goodlaw.legal/statutes/10-11602-inspection-of-records-by-members-applicability/ Title 10 – Corporations and Associations Chapter 39 – Records and Reports-nonprofit Corporations Article 1 – Records A. Subject to subsections E and F of this section, any member who has been a member of record at least six months immediately preceding its demand is entitled to inspect and copy any of the records of […]

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]]> Title 10 – Corporations and Associations

Chapter 39 – Records and Reports-nonprofit Corporations

Article 1 – Records

  • A. Subject to subsections E and F of this section, any member who has been a member of record at least six months immediately preceding its demand is entitled to inspect and copy any of the records of the corporation described in section 10-11601, subsection E during regular business hours at the corporation’s principal office, if the member gives the corporation written notice of its demand as provided in section 10-3141 at least five business days before the date on which the member wishes to inspect and copy.
  • B. Subject to subsections E and F of this section, a member who has been a member of record at least six months immediately preceding its demand is entitled to inspect and copy any of the following records of the corporation during regular business hours at a reasonable location specified by the corporation, if the member meets the requirements of subsection C of this section and gives the corporation written notice of its demand as provided in section 10-3141 at least five business days before the date on which the member wishes to inspect and copy the following:
    • 1. Excerpts from any records required to be maintained under section 10-11601, subsection A, to the extent not subject to inspection under subsection A of this section.
    • 2. Accounting records of the corporation.
    • 3. Subject to section 10-11605, the membership list described in section 10-11601, subsection C.
    • 4. The corporation’s most recent financial statements showing in reasonable detail its assets and liabilities and the results of its operations.
  • C. A member may inspect and copy the records identified in subsection B of this section only if the following conditions are met:
    • 1. The member’s demand is made in good faith and for a proper purpose.
    • 2. The member describes with reasonable particularity the member’s purpose and the records the member desires to inspect.
    • 3. The records are directly connected with the member’s purpose.
  • D. This section does not affect either:
    • 1. The right of a member to inspect records under section 10-3720 or, if the member is in litigation with the corporation, to the same extent as any other litigant.
    • 2. The power of a court, independently of chapters 24 through 40 of this title, to compel the production of corporate records for examination on proof by a member of proper purpose.
  • E. The articles of incorporation or bylaws of a corporation organized primarily for religious purposes may limit or abolish the right of a member under this section to inspect and copy any corporate record.
  • F. Unless the board of directors has provided express permission to the member, a member of a corporation that is a rural electric cooperative is not entitled to inspect or copy any records, documents or other materials that are maintained by or in the possession of the corporation and that relate to any of the following:
    • 1. Personnel matters or a person’s medical records.
    • 2. Communications between an attorney for the corporation and the corporation.
    • 3. Pending or contemplated litigation.
    • 4. Pending or contemplated matters relating to enforcement of the corporation’s documents or rules.
  • G. This section does not apply to any corporation that is a condominium as defined in section 33-1202 or a planned community as defined in section 33-1802.
  • H. This section does not apply to timeshare plans or associations that are subject to title 33, chapter 20.

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]]> §10-11603 Scope of inspection rights; charge https://goodlaw.legal/arizona-az-hoa-statutes/10-11603-scope-of-inspection-rights-charge/?utm_source=rss&utm_medium=rss&utm_campaign=10-11603-scope-of-inspection-rights-charge Wed, 02 Oct 2019 00:12:28 +0000 https://goodlaw.legal/statutes/10-11603-scope-of-inspection-rights-charge/ Title 10 – Corporations and Associations Chapter 39 – Records and Reports-nonprofit Corporations Article 1 – Records A. A member’s agent or attorney has the same inspection and copying rights as the member the agent or attorney represents. B. The right to copy records under section 10-11602 includes, if reasonable, the right to receive copies […]

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]]> Title 10 – Corporations and Associations

Chapter 39 – Records and Reports-nonprofit Corporations

Article 1 – Records

  • A. A member’s agent or attorney has the same inspection and copying rights as the member the agent or attorney represents.
  • B. The right to copy records under section 10-11602 includes, if reasonable, the right to receive copies made by photographic, xerographic or other means.
  • C. The corporation may impose a reasonable charge covering the costs of labor and material for copies of any documents provided to the member. The charge shall not exceed the estimated cost of production or reproduction of the records.
  • D. The corporation may comply with a member’s demand to inspect the record of members under section 10-11602, subsection B, paragraph 3 by providing the member with a list of the corporation’s members that was compiled no earlier than the date of the member’s demand.

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]]> §10-11604 Court ordered inspection https://goodlaw.legal/arizona-az-hoa-statutes/10-11604-court-ordered-inspection/?utm_source=rss&utm_medium=rss&utm_campaign=10-11604-court-ordered-inspection Wed, 02 Oct 2019 00:12:28 +0000 https://goodlaw.legal/statutes/10-11604-court-ordered-inspection/ Title 10 – Corporations and Associations Chapter 39 – Records and Reports-nonprofit Corporations Article 1 – Records A. If a corporation does not allow a member who complies with section 10-11602, subsection A to inspect and copy any records required by that subsection to be available for inspection, the court in the county where the […]

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]]> Title 10 – Corporations and Associations

Chapter 39 – Records and Reports-nonprofit Corporations

Article 1 – Records

  • A. If a corporation does not allow a member who complies with section 10-11602, subsection A to inspect and copy any records required by that subsection to be available for inspection, the court in the county where the corporation’s known place of business is located may summarily order inspection and copying of the records demanded at the corporation’s expense upon application of the member.
  • B. If a corporation does not allow within a reasonable time a member to inspect and copy any other record, the member who complies with section 10-11602, subsections B and C may apply to the court in the county where the corporation’s known place of business 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 member’s costs, including reasonable attorney 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 member to inspect the records demanded. The court may order a member to pay all or a portion of the corporation’s costs, including reasonable attorney fees, if the demand to inspect is denied in whole or in material part.
  • 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 member.

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