State Codes and Statutes

Statutes > New-york > Lie > Article-3-a > 76

§  76.  Right  of  beneficiaries  to examine books or records and make  copies, or to receive statement. 1. Any beneficiary of the trust holding  a trust claim shall be entitled, upon request, after the  expiration  of  thirty days from the date his trust claim became payable, and thereafter  not oftener than once in each month, (a) to examine the books or records  of the trustee with respect to the trust, and to make copies of any part  or  parts  thereof  relating  to  the trust; or (b) at the beneficiary's  option to receive a verified statement setting forth  the  entries  with  respect to the trust contained in such books or records.    2.  Request  for such examination and to make such copies, or for such  verified statement, shall be made in writing  served  personally  or  by  registered  or  certified mail. The request shall contain a statement of  the  name  and  address  of  the  beneficiary,  a  description  of   the  improvement  of  real  property,  or  home  improvement,  or  the public  improvement sufficient to identify it and to identify the trust,  and  a  statement  of  the  nature of the trust claim sufficient to identify it,  the amount then due and unpaid, and the due date thereof.    3. Unless otherwise agreed, the examination and copying shall  be  had  within  ten  days  after  service  of the request, at a place within the  county  in  which  the  improvement,  or  home  improvement,  or  public  improvement is situated, designated by the trustee within such ten days,  and at a time during usual business hours, so designated by the trustee.  The  examination  and  copying  may be made by the beneficiary or by his  agent duly authorized in writing.    4. Within  ten  days  after  service  of  a  request  for  a  verified  statement,  the  trustee  shall  serve upon the beneficiary named in the  request a statement, subscribed by the trustee or an officer thereof and  verified on his own knowledge, setting forth the entries with respect to  the trust contained in the books or records kept by the trustee pursuant  to section seventy-five and the names and addresses  of  the  person  or  persons  who,  on  behalf  of  or  as  officer, director or agent of the  trustee, made or consented to the making of the payments shown  in  such  statement.    5.  A  trustee  to  whom a request is made for examination of books or  records and for copying therefrom or for a verified statement of entries  in books or records may apply to any court  having  jurisdiction  of  an  action  to  enforce the trust, to vacate such request on the ground that  the person making the request is not entitled to  such  examination  and  copying  or  to  receive such verified statement. If a trustee on whom a  request for examination and copying  or  for  a  verified  statement  is  served  as  provided in this section shall refuse to comply therewith or  shall fail to comply therewith within ten days, or shall  apply  to  the  court  for  an order to vacate the request, the beneficiary may apply to  such court for an order directing  that  the  trustee  comply  with  the  request.  Such  application  may  be  made in either case on three days'  notice and may be determined summarily upon affidavits of the parties.    6. This section does not limit the power of the  court  in  an  action  pursuant to section seventy-seven of this chapter or in any other action  or  proceeding  affecting  trust assets or involving trust claims or the  administration  of  the  trust,  to  give  directions  with  respect  to  production or examination of any books or records of the trustee.

State Codes and Statutes

Statutes > New-york > Lie > Article-3-a > 76

§  76.  Right  of  beneficiaries  to examine books or records and make  copies, or to receive statement. 1. Any beneficiary of the trust holding  a trust claim shall be entitled, upon request, after the  expiration  of  thirty days from the date his trust claim became payable, and thereafter  not oftener than once in each month, (a) to examine the books or records  of the trustee with respect to the trust, and to make copies of any part  or  parts  thereof  relating  to  the trust; or (b) at the beneficiary's  option to receive a verified statement setting forth  the  entries  with  respect to the trust contained in such books or records.    2.  Request  for such examination and to make such copies, or for such  verified statement, shall be made in writing  served  personally  or  by  registered  or  certified mail. The request shall contain a statement of  the  name  and  address  of  the  beneficiary,  a  description  of   the  improvement  of  real  property,  or  home  improvement,  or  the public  improvement sufficient to identify it and to identify the trust,  and  a  statement  of  the  nature of the trust claim sufficient to identify it,  the amount then due and unpaid, and the due date thereof.    3. Unless otherwise agreed, the examination and copying shall  be  had  within  ten  days  after  service  of the request, at a place within the  county  in  which  the  improvement,  or  home  improvement,  or  public  improvement is situated, designated by the trustee within such ten days,  and at a time during usual business hours, so designated by the trustee.  The  examination  and  copying  may be made by the beneficiary or by his  agent duly authorized in writing.    4. Within  ten  days  after  service  of  a  request  for  a  verified  statement,  the  trustee  shall  serve upon the beneficiary named in the  request a statement, subscribed by the trustee or an officer thereof and  verified on his own knowledge, setting forth the entries with respect to  the trust contained in the books or records kept by the trustee pursuant  to section seventy-five and the names and addresses  of  the  person  or  persons  who,  on  behalf  of  or  as  officer, director or agent of the  trustee, made or consented to the making of the payments shown  in  such  statement.    5.  A  trustee  to  whom a request is made for examination of books or  records and for copying therefrom or for a verified statement of entries  in books or records may apply to any court  having  jurisdiction  of  an  action  to  enforce the trust, to vacate such request on the ground that  the person making the request is not entitled to  such  examination  and  copying  or  to  receive such verified statement. If a trustee on whom a  request for examination and copying  or  for  a  verified  statement  is  served  as  provided in this section shall refuse to comply therewith or  shall fail to comply therewith within ten days, or shall  apply  to  the  court  for  an order to vacate the request, the beneficiary may apply to  such court for an order directing  that  the  trustee  comply  with  the  request.  Such  application  may  be  made in either case on three days'  notice and may be determined summarily upon affidavits of the parties.    6. This section does not limit the power of the  court  in  an  action  pursuant to section seventy-seven of this chapter or in any other action  or  proceeding  affecting  trust assets or involving trust claims or the  administration  of  the  trust,  to  give  directions  with  respect  to  production or examination of any books or records of the trustee.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Lie > Article-3-a > 76

§  76.  Right  of  beneficiaries  to examine books or records and make  copies, or to receive statement. 1. Any beneficiary of the trust holding  a trust claim shall be entitled, upon request, after the  expiration  of  thirty days from the date his trust claim became payable, and thereafter  not oftener than once in each month, (a) to examine the books or records  of the trustee with respect to the trust, and to make copies of any part  or  parts  thereof  relating  to  the trust; or (b) at the beneficiary's  option to receive a verified statement setting forth  the  entries  with  respect to the trust contained in such books or records.    2.  Request  for such examination and to make such copies, or for such  verified statement, shall be made in writing  served  personally  or  by  registered  or  certified mail. The request shall contain a statement of  the  name  and  address  of  the  beneficiary,  a  description  of   the  improvement  of  real  property,  or  home  improvement,  or  the public  improvement sufficient to identify it and to identify the trust,  and  a  statement  of  the  nature of the trust claim sufficient to identify it,  the amount then due and unpaid, and the due date thereof.    3. Unless otherwise agreed, the examination and copying shall  be  had  within  ten  days  after  service  of the request, at a place within the  county  in  which  the  improvement,  or  home  improvement,  or  public  improvement is situated, designated by the trustee within such ten days,  and at a time during usual business hours, so designated by the trustee.  The  examination  and  copying  may be made by the beneficiary or by his  agent duly authorized in writing.    4. Within  ten  days  after  service  of  a  request  for  a  verified  statement,  the  trustee  shall  serve upon the beneficiary named in the  request a statement, subscribed by the trustee or an officer thereof and  verified on his own knowledge, setting forth the entries with respect to  the trust contained in the books or records kept by the trustee pursuant  to section seventy-five and the names and addresses  of  the  person  or  persons  who,  on  behalf  of  or  as  officer, director or agent of the  trustee, made or consented to the making of the payments shown  in  such  statement.    5.  A  trustee  to  whom a request is made for examination of books or  records and for copying therefrom or for a verified statement of entries  in books or records may apply to any court  having  jurisdiction  of  an  action  to  enforce the trust, to vacate such request on the ground that  the person making the request is not entitled to  such  examination  and  copying  or  to  receive such verified statement. If a trustee on whom a  request for examination and copying  or  for  a  verified  statement  is  served  as  provided in this section shall refuse to comply therewith or  shall fail to comply therewith within ten days, or shall  apply  to  the  court  for  an order to vacate the request, the beneficiary may apply to  such court for an order directing  that  the  trustee  comply  with  the  request.  Such  application  may  be  made in either case on three days'  notice and may be determined summarily upon affidavits of the parties.    6. This section does not limit the power of the  court  in  an  action  pursuant to section seventy-seven of this chapter or in any other action  or  proceeding  affecting  trust assets or involving trust claims or the  administration  of  the  trust,  to  give  directions  with  respect  to  production or examination of any books or records of the trustee.