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This entry was published on 2014-09-22
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SECTION 1317
Voting trust records
Not-for-Profit Corporation (NPC) CHAPTER 35, ARTICLE 13
§ 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.