2023 New York Laws › BSC - Business Corporation › Article 13 - Foreign Corporations › 1316 - Voting Trust Records.

§ 1316. Voting trust records.
(a) A voting trustee, appointed under a voting trust agreement to vote
the  shares  of  a foreign corporation doing business in this state, who
either has an office in this state or has designated  a  transfer  agent
within  this  state,  shall  produce  for  examination  and permit to be
examined in this state, at the office of the foreign corporation  or  at
his  office  or at the office of such transfer agent, a record of voting
trust certificate holders  setting  forth  their  names,  alphabetically
arranged,  and  addresses, the number and class of shares represented by
the certificates held by them  respectively  and  the  dates  when  they
respectively  became  the owners thereof, upon the written demand of any
resident of this state who shall have been a  voting  trust  certificate
holder  or  a  shareholder  of  the foreign corporation for at least six
months immediately preceding his demand, or  of  any  resident  of  this
state  holding, or thereunto authorized in writing by the holders of, at
least five percent of any  class  of  the  outstanding  shares  of  such
foreign  corporation,  either  directly  or  as  holders of voting trust
certificates for such shares, subject to the same terms  and  conditions
set  forth  with  respect  to  the right of examination of the record of
shareholders of the foreign  corporation  in  section  1315  (Record  of
shareholders).
(b) The voting trustee shall deposit an exact copy of the voting trust
agreement with the foreign corporation at its office in this state or at
the office of the transfer agent in this state.
(c)  The  copy  of  the voting trust agreement shall be subject to the
same right of examination by voting trust  certificate  holders  and  by
shareholders of the foreign corporation as is the record of shareholders
of  a  corporation  under  section  624  (Books  and  records;  right of
inspection, prima facie evidence).
(d) Upon refusal by a voting trustee or his transfer agent to  produce
for  examination  or  to  permit  an examination of the record of voting
trust certificate holders or of such copy of the voting trust  agreement
as  herein  provided,  the  person  making  the  demand may apply to the
supreme court, upon such notice as the court may direct,  for  an  order
directing  the voting trustee or his transfer agent to show cause why an
order should not be granted directing  such  production  and  permitting
such  examination.   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 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.
(e) Where the voting trust agreement shall vest in the voting  trustee
the  right  to  vote  the  shares  of a foreign corporation which has an
office in this state for the doing of business and either the  principal
business  operation  of  which  is  conducted  within  this state or the
greater part of its property is located within this  state,  the  voting
trust agreement is an express trust created under the laws of this state
and  the  supreme  court upon the petition of a voting trust certificate
holder may exercise such power over the  trustee  named  therein  as  is
granted  to the court by section one hundred twelve of the real property
law.