NY Banking L § 6023 (2021)
2021 New York Laws BNK - Banking Article 15 - General Provisions Applicable to Banking Stock Corporations, Limited Liability Investment Companies, and Limited Liability Trust Companies Title 6 - Stockholders 6023 - Books and Records; Right of Inspection, Prima Facie Evidence.

§ 6023.  Books and records; right of inspection, prima facie evidence.   1. Each corporation shall keep correct and complete books and records of   account and shall keep minutes of the proceedings of  its  stockholders,   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 stockholders, 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 minutes or records may be in written form or in any other   form capable of being converted into written form  within  a  reasonable   time.2.  Any  person  who  shall  have  been  a  stockholder of record of a   corporation for at least six months immediately preceding his demand, or   any person holding, or thereunto authorized in writing  by  the  holders   of,  at  least five percent of any class of the outstanding shares, 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 stockholders and record of stockholders and to   make  extracts  therefrom.  If  an  investment company has failed to pay   wages as defined in subdivision two of section six thousand twenty-nine,   any person to whom a stockholder may be liable thereunder upon at  least   five  days'  written demand shall have the right to examine in person or   by agent  or  attorney  during  usual  business  hours,  the  record  of   stockholders and to make extracts therefrom.3.  An  inspection authorized by subdivision two may be denied to such   stockholder  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   stockholders  of  any  corporation  of  any type or kind, whether or not   formed under any law of this state, or aided or abetted  any  person  in   procuring  any  such  record  of  stockholders for any such purpose. The   enforcement of liability of an  investment  company  under  section  six   thousand  twenty-nine  shall not be an object other than the business of   the corporation.4. 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  stockholders  or the record of stockholders 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.5. Nothing in this section contained shall impair the power of  courts   to  compel  the production for examination of the books and records of a   corporation when not inconsistent  with  any  other  provision  of  this   chapter.6.   The  minutes  of  the  proceedings  of  stockholders,  record  of   stockholders and the books and records of  account  of  the  corporation   specified  in subdivision one 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   stockholders.