Disclosure of Records CALIFORNIA CODES
CORPORATIONS CODE
SECTION 8310-8313
Beginning July 1, 2006
8310. If any record subject to inspection pursuant to this chapter
is not maintained in written form, a request for inspection is not
complied with unless and until the corporation at its expense makes
such record available in written form. For the purposes of this
chapter "written" or "in writing" also includes cathode ray tube and
similar electronic communications methods.
8311. Any inspection under this chapter may be made in person or by
agent or attorney and the right of inspection includes the right to
copy and make extracts.
8312. Any right of inspection created by this chapter extends to
the records of each subsidiary of a corporation.
8313. The rights of members provided in this chapter may not be
limited by contract or the articles or bylaws.
8320. (a) Each corporation shall keep: (1) Adequate and correct
books and records of account: (2) Minutes of the proceedings of its members,
board and committees of the board; and (3) A record of its members giving their
names and addresses and the class of membership held by each. (b) Those minutes
and other books and records shall be kept either in written form or in any other
form capable of being converted into clearly legible tangible form or in any
combination of the foregoing. When minutes and other books and records are kept
in a form capable of being converted into clearly legible paper form, the clearly
legible paper form into which those minutes and other books and records are
converted shall be admissible in evidence, and accepted for all other purposes,
to the same extent as an original paper record of the same information would
have been, provided that the paper form accurately portrays the record. 8321.
(a) A corporation shall notify each member yearly of the member's right to receive
a financial report pursuant to this subdivision. Except as provided in subdivision
(c), upon written request of a member the board shall promptly cause the most
recent annual report to be sent to the requesting member. An annual report shall
be prepared not later than 120 days after the close of the corporation's fiscal
year. Unless otherwise provided by the articles or bylaws and if approved by
the board of directors, that report and any accompanying material may be sent
by electronic transmission by the corporation (Section 20). That report shall
contain in appropriate detail the following: (1) A balance sheet as of the end
of such fiscal year and an income statement and statement of changes in financial
position for such fiscal year. (2) A statement of the place where the names
and addresses of the current members are located. (3) Any information required
by Section 8322. (b) The report required by subdivision (a) shall be accompanied
by any report thereon of independent accountants, or, if there is no such report,
the certificate of an authorized officer of the corporation that such statements
were prepared without audit from the books and records of the corporation. (c)
Subdivision (a) does not apply to any corporation which receives less than ten
thousand dollars ($10,000) in gross revenues or receipts during the fiscal year. |