SUBPART B.  REPORTS

§1-1620.  Financial statements for shareholders

A.  Once each calendar year a shareholder may obtain a report of financial information from the corporation.  To obtain the report, a shareholder shall give a written notice of the request for the report to the corporation.  The notice shall specify a postal mailing address, and if desired an electronic mailing address, to which the report should be delivered.  Promptly after receiving the shareholder's notice, the corporation shall deliver to the shareholder, at one of the specified addresses, a report that complies with the requirements of Subsections B and C of this Section.

B.  A report of financial information shall contain all of the following financial statements, which may be consolidated or combined statements of the corporation and one or more of its subsidiaries, as appropriate, for the last fiscal year ended at least four months before the effective date of the shareholder's notice:

(1)  A balance sheet.

(2)  An income statement.

(3)  A statement of changes in shareholders' equity unless that information appears elsewhere in the financial statements provided.

(4)  If ordinarily prepared by the corporation, a statement of cash flows.

C.  If the corporation's financial statements are prepared for the corporation on the basis of generally accepted accounting principles, the statements in the report of financial information listed in Subsection B of this Section must also be prepared on that basis.  If those statements are reported upon by a public accountant, the accountant's report shall be delivered as part of the report of financial information described in Subsection B of this Section.

D.  A public corporation may fulfill its responsibilities under this Section by delivering the financial statements listed in Subsection B of this Section, or otherwise making them available, in any manner permitted by the applicable rules and regulations of the United States Securities and Exchange Commission.  A corporation that complies with this Subsection is not required to deliver a report of financial information as provided in Subsection A of this Section.

Acts 2014, No. 328, §1, eff. Jan. 1, 2015.