16-6a-1603. Scope of inspection right

(1) A director's or member's agent or attorney has the same inspection and copying rights as the director or member.

(2) The right to copy records under Section 16-6a-1602 includes, if reasonable, the right to receive copies made by photographic, xerographic, electronic, or other means.

(3) Except as provided in Section 16-6a-1606, the nonprofit corporation may impose a reasonable charge covering the costs of labor and material for copies of any documents provided to the director or member. The charge may not exceed the estimated cost of production and reproduction of the records.

(4) The nonprofit corporation may comply with a director's or member's demand to inspect the record of members under Subsection 16-6a-1601(3) by furnishing to the director or member a list of directors or members that:
     (a) complies with Subsection 16-6a-1601(3);fn1 and
     (b) is compiled no earlier than the date of the director's or member's demand. 

Amended by Chapter 218, 2010 General Session

FN 1.  16-6a-1601(3) requires a nonprofit corporation to "maintain a record of its members in a form that permits preparation of a list of the name and address of all members."  Thus, a nonprofit corporation may satisfy a member's demand to access the nonprofit corporation's records of its members under section 16-6a-1603(4) by furnishing a list of the names and addresses of all its members.  A nonprofit corporation is not required to produce the email addresses and phone numbers of its members.  See Walker I Investments v. Sunpeak Ass'n, 2015 UT App 216, ¶ 11, 359 P.3d 675.

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