Florida Statute 607.1602 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXVI
BUSINESS ORGANIZATIONS

Chapter 607
FLORIDA BUSINESS CORPORATION ACT

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F.S. 607.1602

607.1602 Inspection of records by shareholders.—

(1) A shareholder of a corporation is entitled to inspect and copy, during regular business hours at the corporation’s principal office, any of the records of the corporation described in s. 607.1601(1), excluding minutes of meetings of, and records of actions taken without a meeting by, the corporation’s board of directors and any board committees of the corporation established under s. 607.0825, if the shareholder gives the corporation written notice of the shareholder’s demand at least 5 business days before the date on which the shareholder wishes to inspect and copy.

(2) A shareholder of a corporation is entitled to inspect and copy, during regular business hours at a reasonable location specified by the corporation, any of the following records of the corporation if the shareholder meets the requirements of subsection (3) and gives the corporation written notice of the shareholder’s demand at least 5 business days before the date on which the shareholder wishes to inspect and copy:

(a) Excerpts from minutes of any meeting of, or records of any actions taken without a meeting by, the corporation’s board of directors and board committees of the corporation maintained in accordance with s. 607.1601(1);

(b) The financial statements of the corporation maintained in accordance with s. 607.1601(2);

(d) The record of shareholders maintained in accordance with s. 607.1601(4); and

(e) Any other books and records.

(3) A shareholder may inspect and copy the records described in subsection (2) only if:

(a) The shareholder’s demand is made in good faith and for a proper purpose;

(b) The shareholder’s demand describes with reasonable particularity the shareholder’s purpose and the records the shareholder desires to inspect; and

(4) The corporation may impose reasonable restrictions on the disclosure, use, or distribution of, and reasonable obligations to maintain the confidentiality of, records described in subsection (2).

(5) For any meeting of shareholders for which the record date for determining shareholders entitled to vote at the meeting is different than the record date for notice of the meeting, any person who becomes a shareholder subsequent to the record date for notice of the meeting and is entitled to vote at the meeting is entitled to obtain from the corporation upon request the notice and any other information provided by the corporation to shareholders in connection with the meeting, unless the corporation has made such information generally available to shareholders by posting it on its website or by other generally recognized means. Failure of a corporation to provide such information does not affect the validity of action taken at the meeting.

(6) The right of inspection granted by this section may not be abolished or limited by a corporation’s articles of incorporation or bylaws.

(7) This section does not affect:

(a) The right of a shareholder to inspect and copy records under s. 607.0720 or, if the shareholder is in litigation with the corporation, to the same extent as any other litigant; or

(b) The power of a court, independently of this chapter, to compel the production of corporate records for examination and to impose reasonable restrictions as provided in s. 607.1604(3), provided that, in the case of production of records described in subsection (2) at the request of the shareholder, the shareholder has met the requirements of subsection (3).

(8) A corporation may deny any demand for inspection made pursuant to subsection (2) if the demand was made for an improper purpose, or if the demanding shareholder has within 2 years preceding his, her, or its demand sold or offered for sale any list of shareholders of the corporation or any other corporation, has aided or abetted any person in procuring any list of shareholders for any such purpose, or has improperly used any information secured through any prior examination of the records of the corporation or any other corporation.

(9) A shareholder may not sell or otherwise distribute any information or records inspected under this section, except to the extent that such use is for a proper purpose as defined in subsection (11).

(10) For purposes of this section, the term “shareholder” means a record shareholder, a beneficial shareholder, or an unrestricted voting trust beneficial owner.

(11) For purposes of this section, a “proper purpose” means a purpose reasonably related to such person’s interest as a shareholder.

(12) The rights of a shareholder to obtain records under subsections (1) and (2) shall also apply to the records of subsidiaries of the corporation.

History.—s. 151, ch. 89-154; s. 12, ch. 94-327; s. 42, ch. 97-102; s. 219, ch. 2019-90; s. 64, ch. 2020-32.

F.S. 607.1602 on Google Scholar

F.S. 607.1602 on Casetext

Amendments to 607.1602

Arrestable Offenses / Crimes under Fla. Stat. 607.1602

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 607.1602.

Annotations, Discussions, Cases:

Cases Citing Statute 607.1602

Total Results: 20

HeartPoint Global, Inc., etc. v. Dragon Blue Limited, etc.

Court: District Court of Appeal of Florida | Date Filed: 2024-07-10

Snippet: LOBREE, JJ. PER CURIAM. Affirmed. § 607.1602(7)(b), Fla. Stat. (2023) (“This section does not

JUDITH H. RICHMAN AND DUR-RICH REALTY, INC. vs ROBERT S. CALZARETTA, DEBRA CALZARETTA, KELSMEG, LLC AND SEA & SUN REALTY, INC.

Court: District Court of Appeal of Florida | Date Filed: 2022-05-13

Snippet: a shareholder who complies with s. 607.1602(1) to inspect and copy any records

P.D.K., INC. v. MADELINE MCCONNELL

Court: District Court of Appeal of Florida | Date Filed: 2020-03-04

Snippet: set a shareholder meeting pursuant to sections 607.1602 and 607.0703, Florida Statutes (2017). We affirm

P.D.K., INC. v. MADELINE MCCONNELL

Court: District Court of Appeal of Florida | Date Filed: 2020-01-08

Snippet: set a shareholder meeting pursuant to sections 607.1602 and 607.0703, Florida Statutes (2017). We affirm

VILLA BELLINI RISTORANTE & LOUNGE, INC. v. CIRO MANCINI

Court: District Court of Appeal of Florida | Date Filed: 2019-11-15

Snippet: demand for inspection Chapter § 607.1602, Florida Statutes (2016 as amended)

Schlesinger v. Schlesinger

Court: District Court of Appeal of Florida | Date Filed: 2016-03-02

Citation: 186 So. 3d 618, 2016 Fla. App. LEXIS 3075, 2016 WL 834035

Snippet: and inspect those same documents under section 607.1602 has been decided.”); Arthur Finnieston,

Omes v. Ultra Enterprises, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2013-07-03

Citation: 116 So. 3d 633, 2013 WL 3336867, 2013 Fla. App. LEXIS 10603

Snippet: access to corporate books and records under section 607.1602, Florida Statutes (2011), and unlawful denial

Swan v. Trost

Court: District Court of Appeal of Florida | Date Filed: 2012-11-09

Citation: 100 So. 3d 1205, 2012 Fla. App. LEXIS 19550

Snippet: Citrus Park Corporate Documents Similarly, section 607.1602, Florida Statutes (2009), provides for inspection

Williams v. LIBERTY BANCORPORATION, C.

Court: District Court of Appeal of Florida | Date Filed: 2010-07-09

Citation: 40 So. 3d 84, 2010 Fla. App. LEXIS 10013

Snippet: Liberty Bancorporation did not comply with section 607.1602, Florida Statutes (2007). Our affirmance does

Open MRI Center of Pembroke Pines, L.C. v. Noth

Court: District Court of Appeal of Florida | Date Filed: 2007-11-07

Citation: 969 So. 2d 1116, 2007 Fla. App. LEXIS 17749, 2007 WL 3274704

Snippet: corporate records under sections 607.1601 and 607.1602, Florida Statutes (2006), alleged that appellant

D. Stephenson Construction, Inc. v. Mendiguren

Court: District Court of Appeal of Florida | Date Filed: 2007-06-06

Citation: 958 So. 2d 527, 2007 Fla. App. LEXIS 8872, 2007 WL 1610440

Snippet: right to inspect corporate records under section 607.1602(2), Florida Statutes (2006). A shareholder may

Synchron, Inc. v. Kogan

Court: District Court of Appeal of Florida | Date Filed: 2000-04-26

Citation: 757 So. 2d 564, 2000 WL 485551

Snippet: grounded in Florida statutory or common law. See § 607.1602, Fla. Stat. (1997); Hollander v. Rosen, 555 So

Delaney v. Santafe Healthcare, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1999-09-09

Citation: 741 So. 2d 595, 1999 Fla. App. LEXIS 12032, 1999 WL 718476

Snippet: of corporations in sections 607.1602(9) and 617.1602(7). Section 607.1602(9), pertaining to for-profit

Collier Anesthesia, PA v. Worden

Court: District Court of Appeal of Florida | Date Filed: 1999-01-22

Citation: 726 So. 2d 342, 1999 WL 22508

Snippet: proceed to the actual accounting. Id. *344 Section 607.1602, Florida Statutes (1997), allows a shareholder

UNIVERSAL ENGINEERING TESTING v. Israel

Court: District Court of Appeal of Florida | Date Filed: 1998-03-06

Citation: 707 So. 2d 900, 1998 WL 95317

Snippet: Universal's corporate records pursuant to section 607.1602, Florida Statutes (1995).[1] The request was denied

Lewis v. Conroy, Simberg & Gannon, P.A.

Court: District Court of Appeal of Florida | Date Filed: 1998-02-25

Citation: 705 So. 2d 1073, 1998 Fla. App. LEXIS 1833, 1998 WL 75060

Snippet: corporate and accounting records pursuant to section 607.1602, Florida Statutes (1997), which was stayed on

Ottolina v. Miller Lakes Associates

Court: District Court of Appeal of Florida | Date Filed: 1998-02-18

Citation: 717 So. 2d 550, 1998 Fla. App. LEXIS 1366, 1998 WL 65310

Snippet: motion to inspect corporate records under section 607.1602, Florida Statutes (1993). We reverse the order

World Time Corp. of America v. Mizrachi

Court: District Court of Appeal of Florida | Date Filed: 1997-12-10

Citation: 702 So. 2d 284, 1997 Fla. App. LEXIS 13682, 1997 WL 756637

Snippet: copy the corporate records, pursuant to sections 607.1602 and 607.1604, Florida Statutes (1995). We affirm

Nu Med Home Health Care, Inc. v. Hospital Staffing Services Inc.

Court: District Court of Appeal of Florida | Date Filed: 1995-12-20

Citation: 664 So. 2d 353, 1995 Fla. App. LEXIS 13021, 1995 WL 749618

Snippet: books and records of the corporation under section 607.1602(2), Florida Statutes (1998). There is nothing

Computer Solutions, Inc. v. Gnaizda

Court: District Court of Appeal of Florida | Date Filed: 1994-02-15

Citation: 633 So. 2d 1100, 1994 Fla. App. LEXIS 974, 1994 WL 45165

Snippet: enforcement of his rights to inspect CSI's books. See § 607.1602, Fla. Stat. (1991).[1] The affidavit of Gnaizda's