Arizona Laws 10-3703. Court ordered meeting; costs; attorney fees
A. The court in the county where a corporation‘s principal office is located, or if the corporation has no principal office in this state, the court in the county where the corporation’s known place of business is located, may summarily order a meeting to be held on application by any of the following:
Terms Used In Arizona Laws 10-3703
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Court: means the superior court of this state. See Arizona Laws 10-140
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Known place of business: means the known place of business required to be maintained pursuant to section 10-501. See Arizona Laws 10-140
- Member: means , without regard to what a person is called in the articles of incorporation or bylaws, any person or persons who, pursuant to a provision of a corporation's articles of incorporation or bylaws, have the right to vote for the election of a director or directors. See Arizona Laws 10-3140
- Person: includes an individual and entity. See Arizona Laws 10-140
- Principal office: means the office, in or out of this state, so designated in the annual report where the principal executive offices of a domestic or foreign corporation are located or in any other document executed by the corporation by an officer and delivered to the commission for filing. See Arizona Laws 10-140
- Record date: means the date established under chapter 6 or 7 of this title on which a corporation determines the identity of its shareholders and their shareholdings for purposes of chapters 1 through 17 of this title. See Arizona Laws 10-140
- Vote: includes authorization by written ballot and written consent. See Arizona Laws 10-3140
1. Any member, if an annual meeting was not held within fifteen months after its last annual meeting.
2. Any member, if a regular meeting is not held within forty days after the date it was required to be held.
3. A member who signed a demand for a special meeting that is valid under section 10-3702 or a person or persons entitled to call a special meeting, if either:
(a) Notice of the special meeting was not given within thirty days after the date that the demand was delivered to a corporate officer.
(b) The special meeting was not held in accordance with the notice.
B. The court may:
1. Fix the time and place of the meeting.
2. Specify a record date for determining members entitled to notice of and to vote at the meeting.
3. Prescribe the form and content of the meeting notice.
C. If the court orders a meeting, it may also order the corporation to pay the member’s costs, including reasonable attorney fees, incurred to obtain the order.