The “Proof of Beneficial Ownership” Requirement Explained

Smith v Horizon Lines, Inc., C.A. 4573-CC, 2009 WL 2913887 (Aug. 31, 2009).

The statute governing demands for inspection rights requires a beneficial owner who makes demand to provide proof of beneficial ownership. This decision explains what form that proof must take. An account statement that just has the owner’s last name and does not indicate the date of ownership is not good enough. Moreover, a sworn statement is not a proper substitute.

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