N.Y. Comp. Codes R. & Regs. tit. 16 § 18.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 18.1 - Information required

Whenever a petitioner is required to state its financial condition, there shall be submitted the following information:

(a) Amount and classes of stock authorized by law or certificate of incorporation, as last amended.

(b) Where capital stock has been authorized by the commission, the case number and date of the order of such authorization.

(c) Separately for each class of stock: par value, if any; amount actually paid to the corporation for such stock; amount of premium realized thereon; number of shares and par value, if any, of stock for which subscriptions have been received but which at the date of the balance sheet had not been fully paid and issued together with the agreed purchase price and amount of payments on such subscriptions.

(d) Terms of preference of each class of preferred stock.

(e) Separate statement for each class of nonpar stock showing amount of each item transferred thereto from surplus or other accounts, the date of such transfer and the title of the account from which the transfer was made.

(f) Where bonds, notes or other evidences of indebtedness have been authorized by the commission, the case number and date of the order of such authorization.

(g) Brief description of each mortgage upon any property of the applicant giving date of execution, name of mortgagor, name of mortgagee or trustee, amount of indebtedness authorized to be secured thereby, amount of indebtedness actually incurred and brief description of mortgaged property.

(h) Separately for each bond issue: the number and amount of bonds authorized and issued; the amount outstanding, the outstanding bonds to be subdivided between actually outstanding and nominally outstanding (reacquired); the name of the company which issued the bonds; the description of each class of bonds separately, giving date of issue, face value, rate of interest, date of maturity and how secured. If convertible bonds are authorized or outstanding, the date when the conversion privilege accrues and expires, the securities into which and the rate at which conversion may be made.

(i) Separate statement for each affiliated interest as defined by the Public Service Law; the amount of advances therefrom, the name of the creditor, the interest provisions, terms of settlement and purpose for which the advances were made; other indebtedness to each affiliated interest, except indebtedness representing ownership by an affiliated interest of mortgages or bonds described in subdivisions (f) and (g) of this section, giving classes of debt and the security, if any.

(j) Other indebtedness, classes of debt and the security, if any.

(k) Amount of interest accrued during the previous fiscal year at each of the several rates required by the terms of the outstanding indebtedness and the amount of interest accrued at each rate.

(l) Rate and amount of dividends declared upon each class of stock during each of the five years last preceding an amount of dividends paid.

(m) Statement of contingent assets and contingent liabilities with a brief description of each major item, and separately for each class of capital stock, the amount of unpaid cumulative dividends accrued.

(n) Analysis of unearned surplus showing the nature of each major item included therein, and insofar as items in that account originated in connection with capital stock transactions, the amount therein applicable to each class of stock.

(o) Statement of the program in effect for the amortization of deferred debits and deferred credits or other balance sheet accounts, and the bases upon which are determined the debits or credits whereby such deferred debits are being amortized and whereby such deferred credits or operating reserves are being written off or created.

(p) Detailed income statement and balance sheets for latest fiscal year; also latest available income statement and balance sheets for 12 months.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 18.1

A reference in the petition to annual or other reports filed or to be filed with the commission will not be deemed a compliance with the provisions of this section.