STATE OF _________ COUNTY OF ___________ __________ COURT ) ____________, ) ) Plaintiff, ) ) vs. ) ) ____________, LLC ) ) Defendant. ) ______________________________) ORDER REQUIRING INSPECTION OF RECORDS
[Code Section]
ORDER REQUIRING INSPECTION OF LIMITED LIABILITY COMPANY RECORDS This matter having come on for hearing and the Court having reviewed the file herein and the Court having reviewed the files herein and finding good cause in support of Petitioner's Petition for Ex Parte Subpoena of Limited Liability Company Records, the Court specifically finds: That Petitioner is a member in ___________, a __________ limited liability company; and, That Petitioner owns in excess of ____% of all the outstanding membership interest of the limited liability company and has owned said membership interest for more than six months; and, That Petitioner gave written notice more than 5 days before the desired date of inspection of records; and, That limited liability company has denied Petitioner the right to inspect entity records; and, That the Petitioner has a statutory right to inspect certain entity records either in person or through his agent; and That the Petitioner is acting in good faith and for a proper purpose, and the records sought to be inspected are related to the purpose.
WHEREFORE IT IS ORDERED that ________ of ___________ and agent of Petitioners has the right to inspect and copy the following records of limited liability company: [i] Excerpts from minutes of any meeting of the management group or of any of its committees, minutes of any meeting of the members, and records of action taken by the members or management group without a meeting. [ii] Accounting records of the corporation;
[iii] Operating agreements; and, [iv] All written communications to members generally within the past three years, including the financial statements for the past three years; and, [v] A list of the names and business addresses of its current management group. IT IS FURTHER ORDERED that said records are not to be destroyed or in any manner hidden from inspection and copying. IT IS FURTHER ORDERED that the directors, officers and agents of limited liability company are to deliver all listed records _______, ____________ on or before _______ _.M. [time], ____________, _____, 19___ [date]. Failure to fully comply with this Order will constitute grounds for the Petitioner to apply for sanctions from this Court. IT IS FURTHER ORDERED that once the required records are deposited at ________ [copy shop], __________ shall inspect, copy as desired and inventory the records produced. A representative of ________ may be present during the inspection, copying and inventory. IT IS FURTHER ORDERED that Petitioners may file a bill of costs with this Court, and upon hearing with notice to said limited liability company the Court shall order the limited liability company to pay the members costs, including reasonable counsel fees, incurred to obtain this Order to Inspect and Copy. Dated this ____ day of __________, 199_. ____________________ District Court Judge