Legislation
SECTION 111
Additional information in annual reports; disclosure of stockholdings
Public Service (PBS) CHAPTER 48, ARTICLE 6
§ 111. Additional information in annual reports; disclosure of
stockholdings. 1. Every annual report of any utility corporation
reporting under this chapter to the public service commission shall
contain, in addition to any other information required to be included by
or pursuant to law, the following information:
a. It shall state the name and address of, and the number of shares
held by each holder of one per centum or more of the voting capital of
the reporting corporation, according to its records.
b. Where one per centum or more of the voting capital stock of the
reporting corporation is held by a trustee or trustees, or other
intermediate agency, for the beneficial interest of an owner or owners,
other than the holder of record, or where one per centum or more of the
voting capital stock of the reporting corporation is held by another
corporation, such annual report shall state, if the information is
available from the records of the reporting corporation, the names and
addresses and respective interests of such beneficial owners, and the
names and addresses of the officers and directors of any such other
corporation and the total number of shares of capital stock thereof held
by each, showing separately the number of shares of the voting capital
stock, and the names and addresses and respective stockholdings of every
stockholder of such other corporation holding one per centum or more of
its voting capital stock. Such report shall be accompanied by a
certified copy of each trust agreement or other instrument under which
any voting capital stock of the reporting corporation is held.
2. Where the information specified in paragraph "b" of the foregoing
subdivision is not available from the records of the reporting
corporation, any such holder, of record, of one per centum or more of
the voting capital stock of the reporting corporation, if ordered so to
do by the commission, shall file with the commission, a sworn statement,
in such form and to be filed within such time as the commission shall
prescribe, setting forth whether or not any of such stock held by him or
it is so held for the beneficial ownership of any person, firm or
corporation other than the record holder thereof, and, if stated to be
so held, the names, addresses and respective interests of such
beneficial owners. If such stockholder is a trustee, he or it also shall
file with such statement a certified copy of the trust agreement or
other instrument under which such stock is held. A corporation which is
the holder, of record, of one per centum or more of the voting capital
stock of the reporting corporation, if ordered so to do by the
commission, and regardless of whether the information is or is not
available or apparently available from the records of the reporting
corporation, also shall file with the commission a sworn statement, in
such form and to be filed within such time as the commission shall
prescribe, or shall include in the sworn statement, if any, required to
be filed by it pursuant to other provisions of this subdivision a
statement setting forth the names and addresses of its officers and
directors and the total number of shares of its capital stock, held by
each, showing separately the number of shares of the voting capital
stock, and the names and addresses and respective stockholdings of every
stockholder thereof holding one per centum or more of its voting capital
stock.
3. If the annual report, or the sworn statements provided for in
subdivision two, do not furnish the information desired, because of any
chain of successive ownership or of stockholdings, or because of any
intermediate agency or agencies, or for any other reason, the
commission, by order, may require similar sworn statements from any
person or corporation who or which can give the necessary information,
as the commission may have discovered from its investigations, to the
end that the commission may obtain a complete disclosure of the natural
persons, firms or corporations, and their respective interests, who or
which own or control directly or indirectly one per centum or more of
the voting capital stock of the reporting corporation.
stockholdings. 1. Every annual report of any utility corporation
reporting under this chapter to the public service commission shall
contain, in addition to any other information required to be included by
or pursuant to law, the following information:
a. It shall state the name and address of, and the number of shares
held by each holder of one per centum or more of the voting capital of
the reporting corporation, according to its records.
b. Where one per centum or more of the voting capital stock of the
reporting corporation is held by a trustee or trustees, or other
intermediate agency, for the beneficial interest of an owner or owners,
other than the holder of record, or where one per centum or more of the
voting capital stock of the reporting corporation is held by another
corporation, such annual report shall state, if the information is
available from the records of the reporting corporation, the names and
addresses and respective interests of such beneficial owners, and the
names and addresses of the officers and directors of any such other
corporation and the total number of shares of capital stock thereof held
by each, showing separately the number of shares of the voting capital
stock, and the names and addresses and respective stockholdings of every
stockholder of such other corporation holding one per centum or more of
its voting capital stock. Such report shall be accompanied by a
certified copy of each trust agreement or other instrument under which
any voting capital stock of the reporting corporation is held.
2. Where the information specified in paragraph "b" of the foregoing
subdivision is not available from the records of the reporting
corporation, any such holder, of record, of one per centum or more of
the voting capital stock of the reporting corporation, if ordered so to
do by the commission, shall file with the commission, a sworn statement,
in such form and to be filed within such time as the commission shall
prescribe, setting forth whether or not any of such stock held by him or
it is so held for the beneficial ownership of any person, firm or
corporation other than the record holder thereof, and, if stated to be
so held, the names, addresses and respective interests of such
beneficial owners. If such stockholder is a trustee, he or it also shall
file with such statement a certified copy of the trust agreement or
other instrument under which such stock is held. A corporation which is
the holder, of record, of one per centum or more of the voting capital
stock of the reporting corporation, if ordered so to do by the
commission, and regardless of whether the information is or is not
available or apparently available from the records of the reporting
corporation, also shall file with the commission a sworn statement, in
such form and to be filed within such time as the commission shall
prescribe, or shall include in the sworn statement, if any, required to
be filed by it pursuant to other provisions of this subdivision a
statement setting forth the names and addresses of its officers and
directors and the total number of shares of its capital stock, held by
each, showing separately the number of shares of the voting capital
stock, and the names and addresses and respective stockholdings of every
stockholder thereof holding one per centum or more of its voting capital
stock.
3. If the annual report, or the sworn statements provided for in
subdivision two, do not furnish the information desired, because of any
chain of successive ownership or of stockholdings, or because of any
intermediate agency or agencies, or for any other reason, the
commission, by order, may require similar sworn statements from any
person or corporation who or which can give the necessary information,
as the commission may have discovered from its investigations, to the
end that the commission may obtain a complete disclosure of the natural
persons, firms or corporations, and their respective interests, who or
which own or control directly or indirectly one per centum or more of
the voting capital stock of the reporting corporation.