(a) The secretary of state may propound to any domestic or foreign corporation subject
to the provisions of this chapter, and to any of its officers or directors, any interrogatories
that may be reasonably necessary and proper to enable the secretary of state to ascertain
whether the corporation has complied with all the applicable provisions of this chapter. The interrogatories must be answered within thirty (30) days after their mailing,
or within any additional time that is fixed by the secretary of state, and the answers
to the interrogatories must be full and complete and made in writing and under oath. If the interrogatories are directed to an individual they must be answered by him
or her, and if directed to a corporation they must be answered by the president, vice
president, secretary, or assistant secretary of the corporation. The secretary of state need not file any document to which the interrogatories relate
until the interrogatories are answered as provided in these provisions, and not then
if the interrogatory answers disclose that the document is not in conformity with
the provisions of this chapter. The secretary of state shall certify to the attorney general, for any action that
the attorney general deems appropriate, all interrogatories and their answers which
disclose a violation of any of the provisions of this chapter.
(b) Each corporation, domestic or foreign, that fails or refuses to answer truthfully
and fully within the time prescribed by this chapter interrogatories propounded by
the secretary of state, in accordance with the provisions of this chapter, is guilty
of a misdemeanor and upon conviction of it may be fined in any amount not exceeding
five hundred dollars ($500).
(c) Interrogatories propounded by the secretary of state and the answers to the interrogatories
are not open to public inspection, nor may the secretary of state disclose any facts
or information obtained from them except insofar as the secretary's official duty
requires the facts or information to be made public or in the event the interrogatories
or their answers are required for evidence in any criminal proceedings or in any other
action by this state.
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