§ 111 — Additional information in annual reports; disclosure of stockholdings

New York § 111

• Jurisdiction: New York
• Law PBS: Public Service
• Art. 6: Provisions Affecting Two or More Kinds of the Public Service and the Persons and Corporations Furnishing Such Service

Text

§ 111. Additional information in annual reports; disclosure of\nstockholdings. 1. Every annual report of any utility corporation\nreporting under this chapter to the public service commission shall\ncontain, in addition to any other information required to be included by\nor pursuant to law, the following information:\n a. It shall state the name and address of, and the number of shares\nheld by each holder of one per centum or more of the voting capital of\nthe reporting corporation, according to its records.\n b. Where one per centum or more of the voting capital stock of the\nreporting corporation is held by a trustee or trustees, or other\nintermediate agency, for the beneficial interest of an owner or owners,\nother than the holder of record, or where one per centum or more of the\nvoting capital stock of the reporting corporation is held by another\ncorporation, such annual report shall state, if the information is\navailable from the records of the reporting corporation, the names and\naddresses and respective interests of such beneficial owners, and the\nnames and addresses of the officers and directors of any such other\ncorporation and the total number of shares of capital stock thereof held\nby each, showing separately the number of shares of the voting capital\nstock, and the names and addresses and respective stockholdings of every\nstockholder of such other corporation holding one per centum or more of\nits voting capital stock. Such report shall be accompanied by a\ncertified copy of each trust agreement or other instrument under which\nany voting capital stock of the reporting corporation is held.\n 2. Where the information specified in paragraph "b" of the foregoing\nsubdivision is not available from the records of the reporting\ncorporation, any such holder, of record, of one per centum or more of\nthe voting capital stock of the reporting corporation, if ordered so to\ndo by the commission, shall file with the commission, a sworn statement,\nin such form and to be filed within such time as the commission shall\nprescribe, setting forth whether or not any of such stock held by him or\nit is so held for the beneficial ownership of any person, firm or\ncorporation other than the record holder thereof, and, if stated to be\nso held, the names, addresses and respective interests of such\nbeneficial owners. If such stockholder is a trustee, he or it also shall\nfile with such statement a certified copy of the trust agreement or\nother instrument under which such stock is held. A corporation which is\nthe holder, of record, of one per centum or more of the voting capital\nstock of the reporting corporation, if ordered so to do by the\ncommission, and regardless of whether the information is or is not\navailable or apparently available from the records of the reporting\ncorporation, also shall file with the commission a sworn statement, in\nsuch form and to be filed within such time as the commission shall\nprescribe, or shall include in the sworn statement, if any, required to\nbe filed by it pursuant to other provisions of this subdivision a\nstatement setting forth the names and addresses of its officers and\ndirectors and the total number of shares of its capital stock, held by\neach, showing separately the number of shares of the voting capital\nstock, and the names and addresses and respective stockholdings of every\nstockholder thereof holding one per centum or more of its voting capital\nstock.\n 3. If the annual report, or the sworn statements provided for in\nsubdivision two, do not furnish the information desired, because of any\nchain of successive ownership or of stockholdings, or because of any\nintermediate agency or agencies, or for any other reason, the\ncommission, by order, may require similar sworn statements from any\nperson or corporation who or which can give the necessary information,\nas the commission may have discovered from its investigations, to the\nend that the commission may obtain a complete disclosure of the natural\npersons, firms or corporations, and their respective interests, who or\nwhich own or control directly or indirectly one per centum or more of\nthe voting capital stock of the reporting corporation.\n