§ 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.