Nonprofit Corporation Member Books and Records Inspection in Montana

At a glance

Two groups of records

Sections 35-2-906(5) and 35-2-907(1) allow a member to inspect and copy core records after at least five business days' written notice or demand. The records include current governing documents, member-rights resolutions, recent member minutes and financial statements, current directors and officers, and the latest annual report. Other action excerpts, accounting records, and the membership list require the same lead time plus good faith, a proper purpose, reasonably particular description, and records directly connected to that purpose (§ 35-2-907(2)–(3)).

Copies, lists, and statements

An agent or attorney shares the member's inspection rights. Reasonable supplied copies may carry a charge up to estimated production or reproduction cost (§ 35-2-908). A list compiled no earlier than the demand can satisfy a membership-record request. Section 35-2-910 limits unrelated list use, specified solicitation, commercial use, and sale without board consent. Section 35-2-911 separately requires the corporation to deliver its most recent financial statements showing assets, liabilities, and operating results in reasonable detail on a member's written request.

Section 35-2-535 provides a distinct list route for communication about a member meeting, starting two business days after meeting notice and continuing through the meeting. Copying is subject to the purpose and list-use limits. A religious corporation's articles or bylaws may limit or abolish member access under §§ 35-2-535(6) and 35-2-907(5).

Refusal

Section 35-2-909 permits a district court to order inspection. A core-record application may be decided summarily at corporation expense; other-record applications are expedited. An order carries member costs and reasonable attorney fees unless the corporation proves good-faith doubt about the right to inspect. The court may restrict use or distribution. A separate meeting-list court route appears in § 35-2-535(4).

Statutes and sources

• § 35-2-906: “A corporation shall keep a copy of the following records at its principal office or a location from which the records may be recovered within 2 business days.” Official code, accessed 2026-10-02.
• § 35-2-907: “A member may inspect and copy the records identified in subsection (2) only if” its purpose conditions are met. Official code, accessed 2026-10-02.
• § 35-2-908: “The charge may not exceed the estimated cost of production or reproduction of the records.” Official code, accessed 2026-10-02.
• § 35-2-909: “The court shall dispose of an application under this subsection on an expedited basis.” Official code, accessed 2026-10-02.
• § 35-2-910: “Without consent of the board, a membership list or any part of it may not be obtained or used by a person for any purpose unrelated to a member's interest as a member.” Official code, accessed 2026-10-02.
• § 35-2-911: “Upon the written request of any member of the corporation, the corporation shall deliver to the member its most recent financial statements.” Official code, accessed 2026-10-02.
• § 35-2-535: “The list of members must be available” for inspection for meeting communication. Official code, accessed 2026-10-02.