Nonprofit Corporation Member Books and Records Inspection in South Carolina
At a glance
| Eligible member and corporation | Member of Chapter 31 nonprofit corporation; religious corporation articles/bylaws may limit inspection (§ 33-31-1602(a), (e)) |
|---|---|
| Routine records | Current articles/bylaws, member-rights resolutions, 3 years of member minutes/communications, director/officer list and latest filed reports (§§ 33-31-1601(e), -1602(a)) |
| Purpose-conditioned records | Other permanent-action excerpts, accounting records and membership list under good-faith proper-purpose test (§ 33-31-1602(b)–(c)) |
| Demand form and notice | Core records: written notice or demand; conditional records: written notice; each at least 5 business days before desired inspection (§ 33-31-1602(a)–(b)) |
| Purpose, tenure, and connection | Conditional tier: good faith, proper purpose, reasonably particular description and direct connection; no membership-duration threshold stated (§ 33-31-1602(c)) |
| Place, representatives, and delivery | Reasonable time and corporation-specified reasonable location; agent/attorney same rights; reasonable photographic or other copies (§§ 33-31-1602(a)–(b), -1603(a)–(b)) |
| Copies, conversion, and cost | Records convertible into written form within reasonable time; copy charge for labor/material capped at estimated production or reproduction cost (§§ 33-31-1601(d), -1603(c)) |
| Member list and confidentiality | Recently compiled list may satisfy member-record demand; board-consent limits unrelated, commercial and sale uses; meeting list separately inspectable for member communication (§§ 33-31-1603(d), -1605, -720(b)) |
| Financial statements | Written member or Attorney General demand for latest annual balance sheet/operations statement with accountant or officer report; religious articles/bylaws exception (§ 33-31-1620) |
| Court remedy and special rules | Circuit court of principal-office county or registered-office county; summary core order, expedited other order, conditional costs/fees and use limits; religious-corporation carveout (§§ 33-31-1602(e), -1604) |
Requirements one by one
Records and two demand tiers
South Carolina § 33-31-1602(a) gives a member access to the principal-office records in § 33-31-1601(e) after written notice or demand at least five business days before inspection. Those include current articles and bylaws, member-rights resolutions, three years of member minutes and general written communications, current directors and officers, and the most recent filed reports. The corporation specifies a reasonable time and location.
For other permanent-action excerpts, accounting records, and the membership list, subsection (b) requires written notice at least five business days ahead. Subsection (c) additionally requires good faith, a proper purpose, a reasonably particular description of the purpose and records, and a direct connection. An agent or attorney has the same access and copying rights as the member.
Copies, lists, and statements
Reasonable photographic or other copies are allowed. The corporation may charge labor and materials up to estimated production or reproduction cost. Its records must be convertible into writing within a reasonable time. A recent membership list may satisfy a qualifying demand. Without board consent, § 33-31-1605 bars unrelated, commercial, and sale or purchase uses of the list.
The meeting list follows § 33-31-720: it is available for member communication about the meeting starting the day after meeting notice and through the meeting. Written demand allows inspection and purpose-conditioned copying at the member’s expense. Section 33-31-1620 separately requires the latest annual balance sheet and operations statement on a member’s written demand, with the applicable accountant or officer report.
Court relief and religious corporations
After qualifying refusal, § 33-31-1604 allows the circuit court in the principal-office county, or registered-office county if needed, to order inspection. Core records can be ordered summarily; other-record applications receive expedited handling. An order shifts costs and reasonable counsel fees unless the corporation proves good-faith reasonable doubt about access. The court may restrict use or distribution. Articles or bylaws of a religious corporation may limit or abolish the § 33-31-1602 member right, and § 33-31-1620 has a corresponding financial-statement exception.
Statutes and sources
- S.C. Code § 33-31-1601: South Carolina Legislature, accessed 2026-10-02.
- S.C. Code § 33-31-1602: South Carolina Legislature, accessed 2026-10-02.
- S.C. Code § 33-31-1603: South Carolina Legislature, accessed 2026-10-02.
- S.C. Code § 33-31-1604: South Carolina Legislature, accessed 2026-10-02.
- S.C. Code § 33-31-1605: South Carolina Legislature, accessed 2026-10-02.
- S.C. Code § 33-31-1620: South Carolina Legislature, accessed 2026-10-02.
- S.C. Code § 33-31-720: South Carolina Legislature, accessed 2026-10-02.
Source links
Every statute quoted above, linked, with the date we checked it.
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