North Carolina General Statutes 55A-7-03. Court-ordered meeting
(a) The superior court of the county where a corporation‘s principal office, or, if there is none in this State, its registered office, is located may, after notice is given to the corporation and upon such further notice and opportunity to be heard, if any, as the court may deem appropriate under the circumstances, summarily order a meeting to be held in any of the following circumstances:
(1) On application of any member if an annual meeting was not held within 15 months after the corporation’s last annual meeting.
Terms Used In North Carolina General Statutes 55A-7-03
- 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.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Quorum: The number of legislators that must be present to do business.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) On application of a member who signed a demand for a special meeting valid under N.C. Gen. Stat. § 55A-7-02, if the corporation has not held the meeting as required by that section.
(b) The court may fix the time and place of the meeting, specify a record date for determining those persons entitled to notice of and to vote at the meeting, prescribe the form and content of the meeting notice, fix the quorum required for specific matters to be considered at the meeting or direct that the votes represented at the meeting constitute a quorum for action on those matters, and enter other orders necessary to accomplish the purpose or purposes of the meeting. The court may order that the meeting be held by means of remote communication as provided in N.C. Gen. Stat. § 55A-7-09.
(c) If the court orders a meeting, it may also order the corporation to pay all or part of the member’s costs, including reasonable attorneys’ fees, incurred to obtain the order. (1993, c. 398, s. 1; 2021-162, s. 2(h).)