NY Bus Corp L § 1315 (2021)
2021 New York Laws BSC - Business Corporation Article 13 - Foreign Corporations 1315 - Record of Shareholders.

§ 1315. Record of shareholders.  (a)  Any  resident  of this state who shall have been a shareholder of record of a foreign corporation doing business in  this  state  upon  at least  five days' written demand may require such foreign corporation to produce a record  of  its  shareholders  setting  forth  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  and  shall  have  the right to examine in person or by agent or attorney at the office of the foreign corporation in this  state  or  at the  office  of its transfer agent or registrar in this state or at such other place in the county in this state in which the foreign corporation is doing business as may  be  designated  by  the  foreign  corporation, during  the usual business hours, the record of shareholders or an exact copy thereof certified as correct by  the  corporate  officer  or  agent responsible  for  keeping  or producing such record and to make extracts therefrom. Resident holders of voting  trust  certificates  representing shares  of the foreign corporation shall for the purpose of this section be regarded as shareholders.   Any such  agent  or  authority  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 the 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 paragragh  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.  (b)  An  examination authorized by paragraph (a) may be denied to such shareholder or other person upon his refusal to furnish to  the  foreign corporation  or  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 foreign corporation and that such shareholder or other person 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.  (c) Upon refusal by the foreign corporation or by an officer or  agent of  the  foreign  corporation to produce for examination or to permit an examination of the record of shareholders as herein provided, the person making the demand for  production  and  examination  may  apply  to  the supreme  court  in the judicial district where the office of the foreign corporation within this state is located, upon such notice as the  court may  direct, for an order directing the foreign corporation, its officer or agent, to show cause why an order should  not  be  granted  directing such  production  and permitting such examination 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 examination, the court shall grant  an  order compelling such production for examination and awarding such further relief as to the court may seem just and proper.  (d) Nothing herein contained shall  impair  the  power  of  courts  to compel  the  production  for  examination  of  the  books  of  a foreign corporation. The record of shareholders 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 foreign corporation or any of its officers, directors or shareholders.