NY Bus Corp L § 624 (2021)
2021 New York Laws BSC - Business Corporation Article 6 - Shareholders 624 - Books and Records; Right of Inspection, Prima Facie Evidence.

§ 624. Books and records; right of inspection, prima facie evidence.  (a) Each corporation shall keep correct and complete books and records of   account   and   shall  keep  minutes  of  the  proceedings  of  its shareholders, board and executive committee, if any, and shall  keep  at the  office  of  the  corporation  in this state or at the office of its transfer agent or registrar in this state, a record containing the names and addresses of all shareholders, the number and class of  shares  held by each and the dates when they respectively became the owners of record thereof.    Any  of  the  foregoing  books, minutes or records may be in written form or in any  other  form  capable  of  being  converted  into written form within a reasonable time.  (b)  Any  person  who  shall  have  been  a shareholder of record of a corporation upon at least five days' written demand shall have the right to examine in person or by agent  or  attorney,  during  usual  business hours,  its minutes of the proceedings of its shareholders and record of shareholders and to make extracts therefrom for any  purpose  reasonably related  to  such person's interest as a shareholder.  Holders of voting trust certificates representing  shares  of  the  corporation  shall  be regarded  as  shareholders  for  the purpose of this section.   Any such agent or attorney shall be authorized in a writing  that  satisfies  the requirements  of a writing under paragraph (b) of section 609 (Proxies). A  corporation  requested  to  provide  information  pursuant  to   this paragraph  shall  make available such information in written form and in any other  format  in  which  such  information  is  maintained  by  the corporation and shall not be required to provide such information in any other  format.  If  a request made pursuant to this paragraph includes a request  to  furnish  information  regarding  beneficial   owners,   the corporation  shall  make  available  such  information in its possession regarding beneficial owners as is  provided  to  the  corporation  by  a registered  broker or dealer or a bank, association or other entity that exercises  fiduciary  powers  in  connection  with  the  forwarding   of information  to  such  owners.  The corporation shall not be required to obtain information about beneficial owners not in its possession.  (c) An inspection authorized by paragraph (b) may be  denied  to  such shareholder  or  other  person  upon  his  refusal  to  furnish  to  the corporation, its transfer agent or  registrar  an  affidavit  that  such inspection  is  not  desired for a purpose which is in the interest of a business or object other than the business of the corporation  and  that he  has  not  within  five  years  sold  or offered for sale any list of shareholders of any corporation of any type  or  kind,  whether  or  not formed  under  the laws of this state, or aided or abetted any person in procuring any such record of shareholders for any such purpose.  (d) Upon refusal by the corporation or by an officer or agent  of  the corporation to permit an inspection of the minutes of the proceedings of its  shareholders  or  of the record of shareholders as herein provided, the person making the demand for inspection may  apply  to  the  supreme court  in  the  judicial district where the office of the corporation is located, upon such  notice  as  the  court  may  direct,  for  an  order directing  the  corporation,  its  officer or agent to show cause why an order should not be granted permitting such inspection by the applicant. Upon the return day of the order to show cause, the court shall hear the parties summarily, by affidavit or otherwise, and if it appears that the applicant is qualified and entitled to such inspection, the court  shall grant  an  order  compelling  such  inspection and awarding such further relief as to the court may seem just and proper.  (e) Upon the written request of any shareholder, the corporation shall give or mail to such shareholder an annual balance sheet and profit  and loss  statement  for  the  preceding  fiscal  year,  and, if any interim  balance sheet or profit and loss statement has been distributed  to  its shareholders  or otherwise made available to the public, the most recent such interim balance sheet or profit and loss statement. The corporation shall  be allowed a reasonable time to prepare such annual balance sheet and profit and loss statement.  (f) Nothing herein contained shall  impair  the  power  of  courts  to compel  the  production  for  examination  of the books and records of a corporation.  (g) The books and records specified in paragraph (a)  shall  be  prima facie  evidence of the facts therein stated in favor of the plaintiff in any action or special proceeding against such corporation or any of  its officers, directors or shareholders.