O.C.G.A.

O.C.G.A. § 14-11-313 (2019)

Records and information

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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Except as otherwise provided in the articles of organization or a written operating agreement:

(1) Each limited liability company shall keep at its principal office the following:

(A) A current list of the name and last known address of each member and manager;

(B) Copies of records that would enable a member to determine the relative voting rights, if any, of the members;

(C) A copy of the articles of organization, together with any amendments thereto;

(D) Copies of the limited liability company’s federal, state, and local income tax returns, if any, for the three most recent years;

(E) A copy of any operating agreement that is in writing, together with any amendments thereto; and

(F) Copies of financial statements, if any, of the limited liability company for the three most recent years;

(2) A member may:

(A) At the member’s own expense, inspect and copy any limited liability company record upon reasonable request during ordinary business hours;

(B) Obtain from time to time upon reasonable demand:

(i) True and complete information regarding the state of the business and financial condition of the limited liability company;

(ii) Promptly after becoming available, a copy of the limited liability company’s federal, state, and local income tax returns, if any, for each year; and

CORPORATIONS & PARTNERSHIPS

(iii) Other information regarding the affairs of the limited liability company as is just and reasonable; and

(3) If the limited liability company refuses to permit the inspection authorized by paragraph (2) of this Code section, the member demanding inspection may apply to the superior court for the county in which the registered office of the limited liability company is located, upon such notice as the court may require, for an order directing the limited liability company to show cause why an order permitting such inspection by the applicant should not be granted. The court shall hear the parties summarily, by affidavit or otherwise, and if the limited liability company fails to establish that the applicant is not entitled to such inspection, the court shall grant an order permitting such inspection, subject to any limitations which the court may prescribe, and grant such other relief, including costs and reasonable attorneys’ fees, as the court may deem just and proper.

History

(Code 1981, § 14-11-313, enacted by Ga. L. 1993, p. 123, § 1.)

Notes of Decisions
Cited in 9 cases (5 in the last 5 years), 2017–2026 · leading case: A&M Hospitalities, LLC v. Alimchandani, 828 S.E.2d 615 (Ga. Ct. App. 2019).
A&M Hospitalities, LLC v. Alimchandani, 828 S.E.2d 615 (Ga. Ct. App. 2019). · cites it 2× “" However, the trial court said that it would order the defendants "to permit the Plaintiff and an accountant/accounting team to conduct a full audit of [A&M]" and that the "audit shall be entitled to inspect all records pertaining to the businesses as contemplated under OCGA §…”
Premier Pediatric Providers, LLC v. Kennesaw Pediatrics, P.C. (Ga. Ct. App. 2024). · cites it 66× “When Premier denied the request on the ground that Kennesaw was not a member of Premier because the subscription agreement contained a scrivener’s error, Kennesaw filed a petition for the trial court to order Premier to give it access to the records pursuant to OCGA § 14-11-313…”
Ridgewalk Holdings, LLC v. Atlanta Apt. Inv. Corp. (Ga. Ct. App. 2021). · cites it 14× “ver a real estate broker’s commission, the Superior Court of Cobb County denied partial summary judgment on claims of promissory estoppel and quantum meruit filed by Atlanta Apartment Investment Corporation (“AAI”) and Advocate Investments, LLC, (collectively, the “Plaintiffs”)…”
Travis Gearig v. Clark Gearig (Ga. Ct. App. 2017). · cites it 12× “In October 2016, Clark Gearig filed a Complaint against Travis Gearig and the companies pursuant to OCGA § 14-11-313, seeking a court order allowing him to have access to the companies’ financial records; requesting that any closing on the sale of his shares be delayed for 60…”
Talk Tv, LLC v. Jaime Pickett (Ga. Ct. App. 2026). · cites it 8× “Jaime Pickett filed a complaint against several defendants seeking to inspect corporate documents under OCGA § 14-11-313(3). In the petition, Pickett also requested attorney fees under that statute.”
Travis Gearig v. Clark Gearig (Ga. Ct. App. 2017). · cites it 2× “On December 1, 2016, the trial court granted plaintiff Clark Gearig access to certain business documents in a case Gearig filed pursuant to OCGA § 14-11-313. See Court of Appeals order entered on October 10, 2017.”
Travelers Prop. Cas. Co. of Am. v. Clucis (N.D. Ga. 2022). · cites it 2× “But as Travelers notes, Section 310 does not exempt LLCs from their legal obligation to maintain copies of financial statements and tax returns under O.C.G.A. § 14-11-313(1). ECF 89, at 14. 90 ECF 88-7, ¶ 33.”
A & M Hospitalities, LLC v. Prenita Alimchandani (Ga. Ct. App. 2019). · cites it 2× “” However, the trial court said that it would order the defendants “to permit the Plaintiff and an accountant/accounting team to conduct a full audit of [A&M]” and that the “audit shall be entitled to inspect all records pertaining to the businesses as contemplated under OCGA §…”
Premier Pediatric Providers, LLC v. Kennesaw Pediatrics, P.C. (Ga. Ct. App. 2022). · cites it 2× “Kennesaw asserted that, because of the subscription agreement, it had acquired a membership interest in Premier; thus, allowing Kennesaw to have access to Premier’s corporate books and records pursuant to the procedures outlined in OCGA § 14-11-313 (3). In Case No. A22A0857,…”
— 14-11-313(1) — 1 case
Travelers Prop. Cas. Co. of Am. v. Clucis (N.D. Ga. 2022). “But as Travelers notes, Section 310 does not exempt LLCs from their legal obligation to maintain copies of financial statements and tax returns under O.C.G.A. § 14-11-313(1). ECF 89, at 14. 90 ECF 88-7, ¶ 33.”
— 14-11-313(3) — 1 case
Talk Tv, LLC v. Jaime Pickett (Ga. Ct. App. 2026). “Jaime Pickett filed a complaint against several defendants seeking to inspect corporate documents under OCGA § 14-11-313(3). In the petition, Pickett also requested attorney fees under that statute.”
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