2023 New York Laws › NPC - Not-For-Profit Corporation › Article 13 - Foreign Corporations › 1317 - Voting Trust Records.

§ 1317. Voting trust records.
(a)    A  voting  trustee, appointed under a voting trust agreement to
vote the shares of a foreign corporation conducting activities  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
members of the foreign corporation in section 1316 (Record of members).
(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 members of a
corporation under section 621 (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 conducting activities and either the principal
activity 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 7-2.6 of the estates, powers and trusts law.