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The right of a stockholder to inspect the books of the corporation is rooted in Section 74 of the Corporation Code, which states that: The records of all business transactions of the corporation and the minutes of any meeting shall be open to inspection by any director, trustee, stockholder or member of the
The director, trustee, stockholder or member may inspect the corporate records in person or through a representative at reasonable hours on business days, as well as demand in writing and at his/her expense for copies of such records.
The Basic Law:Specific statutes in the California Corporations Code provide shareholders the right to inspect bylaws, accounting books, records, minutes and financial statements. The California Corporations Code allows the court to enforce these rights.
The Corporation Code has granted to all stockholders the right to inspect the corporate books and records, and in so doing has not required any specific amount of interest for the exercise of the right to inspect.
(a) General rule.The corporate seal may be affixed and attested, but the affixation and attestation of the corporate seal shall not be necessary for the due execution of any filing by a corporation under this title.
Articles of Incorporation are not required by law to be prepared by an attorney. However,because of complex legal issues involved when starting any business, including tax considerations, it is advisable to seek legal counsel before filing to assure that all legal consequences receive proper consideration.
Mortgagee or its representatives shall have the right to examine and make copies of all books and records and all supporting vouchers and data related to the Secured Property at reasonable times upon reasonable written notice to Grantor.
As with any other right, the right of inspection is not absolute, and must always be balanced with other interests in play. In Puno vs. Puno Enterprises Inc., GR 177066, September 11, 2009, the Supreme Court clarified that the right of inspection may only be exercised by a stockholder of record.