2006 New York Code - 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.