N.Y.
Public Service Law Section 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.
Source:
Section 111 — Additional information in annual reports; disclosure of stockholdings, https://www.nysenate.gov/legislation/laws/PBS/111 (updated Sep. 22, 2014; accessed Dec. 21, 2024).
