N.Y. BSC Law § 1315 — New York Code / Act BSC / Article 13 / Section 1315
Record of shareholders
Status: in_force

§ 1315. Record of shareholders.\n  (a) Any resident of this state who shall have been a shareholder of\nrecord of a foreign corporation doing business in this state upon at\nleast five days' written demand may require such foreign corporation to\nproduce a record of its shareholders setting forth the names and\naddresses of all shareholders, the number and class of shares held by\neach and the dates when they respectively became the owners of record\nthereof and shall have the right to examine in person or by agent or\nattorney at the office of the foreign corporation in this state or at\nthe office of its transfer agent or registrar in this state or at such\nother place in the county in this state in which the foreign corporation\nis doing business as may be designated by the foreign corporation,\nduring the usual business hours, the record of shareholders or an exact\ncopy thereof certified as correct by the corporate officer or agent\nresponsible for keeping or producing such record and to make extracts\ntherefrom. Resident holders of voting trust certificates representing\nshares of the foreign corporation shall for the purpose of this section\nbe regarded as shareholders.  Any such agent or authority shall be\nauthorized in a writing that satisfies the requirements of a writing\nunder paragraph (b) of section 609 (proxies). A corporation requested to\nprovide information pursuant to this paragraph shall make available such\ninformation in the format in which such information is maintained by the\ncorporation and shall not be required to provide such information in any\nother format.  If a request made pursuant to this paragragh includes a\nrequest to furnish information regarding beneficial owners, the\ncorporation shall make available such information in its possession\nregarding beneficial owners as is provided to the corporation by a\nregistered broker or dealer or a bank, association or other entity that\nexercises fiduciary powers in connection with the forwarding of\ninformation to such owners.  The corporation shall not be required to\nobtain information about beneficial owners not in its possession.\n  (b) An examination authorized by paragraph (a) may be denied to such\nshareholder or other person upon his refusal to furnish to the foreign\ncorporation or its transfer agent or registrar an affidavit that such\ninspection is not desired for a purpose which is in the interest of a\nbusiness or object other than the business of the foreign corporation\nand that such shareholder or other person has not within five years sold\nor offered for sale any list of shareholders of any corporation of any\ntype or kind, whether or not formed under the laws of this state, or\naided or abetted any person in procuring any such record of shareholders\nfor any such purpose.\n  (c) Upon refusal by the foreign corporation or by an officer or agent\nof the foreign corporation to produce for examination or to permit an\nexamination of the record of shareholders as herein provided, the person\nmaking the demand for production and examination may apply to the\nsupreme court in the judicial district where the office of the foreign\ncorporation within this state is located, upon such notice as the court\nmay direct, for an order directing the foreign corporation, its officer\nor agent, to show cause why an order should not be granted directing\nsuch production and permitting such examination by the applicant. Upon\nthe return day of the order to show cause, the court shall hear the\nparties summarily, by affidavit or otherwise, and if it appears that the\napplicant is qualified and entitled to such examination, the court shall\ngrant an order compelling such production for examination and awarding\nsuch further relief as to the court may seem just and proper.\n  (d) Nothing herein contained shall impair the power of courts to\ncompel the production for examination of the books of a foreign\ncorporation. The record of shareholders specified in paragraph (a) shall\nbe prima facie evidence of the facts therein stated in favor of the\nplaintiff in any action or special proceeding against such foreign\ncorporation or any of its officers, directors or shareholders.\n