North Carolina Business Litigation Report

Hoepner v. Wachovia Corp., 2001 NCBC 6 (N.C. Super. Ct. June 14, 2001)(Tennille)

A shareholder qualified under N.C.G.S. § 55-16-02 to inspect the shareholder records of a corporation may share the information with another contestant in a proxy fight who is not a qualified shareholder.

Thus, the corporate defendant was obligated to provide its shareholder list to a shareholder even though that shareholder intended to provided to an entity which would not have been entitled to obtain the list, in order to use it in a proxy fight.

Full Opinion

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Mack Sperling
Brooks Pierce, LLP
2000 Renaissance Plaza
230 North Elm Street
Greensboro, NC 27401

1600 Wachovia Capitol Center
150 Fayetteville Street
Raleigh, NC 27601