Nonprofit Corporation Member Books and Records Inspection in Utah

At a glance

Requirements one by one

Who can demand and which records

Section 16-6a-1602(4) includes a voting-trust beneficial owner and another beneficial owner who establishes beneficial ownership. Section 16-6a-1601(5) lists the principal-office records, including the articles, bylaws, recent member minutes and communications, and specified recent financial statements. Section 16-6a-1602(2) adds other meeting/action records, accounting records, and the member record at a reasonable location selected by the corporation. Although the records are in two location tiers, subsection (3) expressly applies its good-faith proper-purpose, particularity, and direct-connection conditions to both tiers.

Copies and costs

Section 16-6a-1603(1) gives an agent or attorney the member’s rights. Under subsection (2), reasonable copying can use photographic, xerographic, electronic, or other means. The ordinary labor/material copying charge cannot exceed estimated production and reproduction cost; § 16-6a-1603(3) excepts the separate § 16-6a-1606 financial-statement request. Section 16-6a-1601(4) allows another record form if it can be converted into writing within a reasonable time.

Financial statements and court relief

Section 16-6a-1606 requires the corporation, within 15 days of any member’s written request, to mail its most recent annual and published financial statements, if any, showing reasonably detailed assets, liabilities, and operating results. Under § 16-6a-1604, a court with Title 78A jurisdiction may summarily order inspection following a qualifying refusal. When it orders access, costs and reasonable counsel fees follow unless the corporation proves a good-faith refusal based on reasonable doubt about the right; damages and use restrictions are discretionary.

What trips people up

Section 16-6a-1605 restricts use of a membership list without board consent, including unrelated or commercial purposes and sale. The separate meeting or written-ballot list in § 16-6a-710 has its own availability window and petition route, while copying still invokes the inspection-purpose test. Section 16-6a-1602(5) prevents articles or bylaws from abolishing or limiting the statutory inspection right.

Common questions

Must the corporation let the member inspect at any chosen place? No. Section 16-6a-1602(1) places the first tier at the principal office, and subsection (2) lets the corporation specify a reasonable place for the other records.

Can a requested member list be supplied instead of opened for inspection? Yes. Section 16-6a-1603(4) permits a compliant list compiled no earlier than the demand date.

Statutes and sources

• § 16-6a-710: “A member entitled to vote at the meeting, or an agent or attorney of a member entitled to vote at the meeting, is entitled on written demand to inspect” the meeting list subject to stated conditions. Official text, accessed 2026-10-02.
• § 16-6a-1601: “A nonprofit corporation shall keep a copy of each of the following records at its principal office:” Official text, accessed 2026-10-02.
• § 16-6a-1602: “A director or member may inspect and copy the records described in Subsections (1) and (2) only if:” the listed conditions are met. Official text, accessed 2026-10-02.
• § 16-6a-1603: “The charge may not exceed the estimated cost of production and reproduction of the records.” Official text, accessed 2026-10-02.
• § 16-6a-1604: “the court may summarily order the inspection or copying of the records demanded at the nonprofit corporation's expense on an expedited basis.” Official text, accessed 2026-10-02.
• § 16-6a-1605: “a membership list or any part of a membership list may not be obtained or used by any person for any purpose unrelated to a member's interest as a member.” Official text, accessed 2026-10-02.
• § 16-6a-1606: “By no later than 15 days after the day on which the nonprofit corporation receives a written request of any member, a nonprofit corporation shall mail to the member” the specified statements. Official text, accessed 2026-10-02.