N.Y. BVO Law § 5 — New York Code / Act BVO / Article 2 / Section 5
Powers of trustees
Status: in_force

§ 5. Powers of trustees. 1. Such trustees shall have the care,\nmanagement and control of all the temporalities and property of the\nlodge, chapter, commandery, consistory, council, temple, grotto, post,\ntribe, tent, nest, camp, encampment or canton, or Degree of Pocahontas\ncouncil, and they shall not sell, convey, mortgage or dispose of any\nproperty except by and under its direction, duly had or given at a\nregular or stated communication, convocation, encampment or meeting\nthereof, according to its constitution and general regulations. They\nshall at all times obey and abide by the directions, orders and\nresolutions of such lodge, chapter, commandery, consistory, council,\ntemple, grotto, post, tribe, tent, nest, camp, encampment or canton, or\nDegree of Pocahontas council, duly passed at any regular or stated\ncommunication, convocation, encampment or meeting thereof not in\nconflict with the constitution and laws of this state or of the grand\nbody to which it shall be subordinate, or of such lodge, chapter,\ncommandery, consistory, council, temple, grotto, post, tribe, tent,\nnest, camp, encampment or canton, or Degree of Pocahontas council.\n  2. If a lodge of Free and Accepted Masons or a chapter of Royal Arch\nMasons, surrender its warrant to the grand body to which it is\nsubordinate or is expelled or becomes extinct, according to the general\nrules or regulations of such body, the trustees then in office shall,\nout of the property belonging to such lodge or chapter, satisfy all just\ndebts due from it and transfer the residue of its property to the\n"trustees of the masonic hall and asylum fund," a corporation created by\nchapter two hundred seventy-two of the laws of eighteen hundred\nsixty-four, entitled "An act to incorporate the trustees of the masonic\nhall and asylum fund," and unless reclaimed by such lodge or chapter\nwithin three years from such transfer, in accordance with the\nconstitution and general regulations of such grand body, the same, with\nthe avails or increase thereof, shall be applied by the "trustees of the\nmasonic hall and asylum fund" to the benevolent purposes for which such\ntrustees were created in and by such act.\n  3. If a lodge of Odd Fellows, duly chartered by and installed\naccording to the general rules and regulations of the Grand Lodge of the\nIndependent Order of Odd Fellows of the state of New York, surrender its\ncharter to the grand lodge to which it is subordinate or is expelled or\nbecomes extinct, according to the general rules or regulations of such\ngrand lodge, trustees appointed by the Grand Master shall, out of the\nproperty belonging to such lodge, satisfy all just debts due from it and\ntransfer the residue of its property to the Grand Lodge of the\nIndependent Order of Odd Fellows of the state of New York, and unless\nreclaimed by such lodge within three years from such transfer, in\naccordance with the constitution, by-laws, rules and regulations of such\ngrand lodge, the same, with the avails or increase thereof shall become\nthe property of the grand lodge.\n  4. If a lodge of Knights of Pythias, duly chartered according to the\nconstitution, statutes and rules and regulations of the Grand Lodge\nKnights of Pythias, of the state of New York, surrenders its charter to\nsaid Grand Lodge to which it is subordinate, or whose charter is vacated\nby said Grand Lodge, or if such lodge becomes extinct, according to the\nconstitution, statutes and rules and regulations of said Grand Lodge,\none or more trustees appointed by the Grand Chancellor shall, out of the\nreal, personal or mixed property belonging to such lodge, satisfy all\njust debts due from it, and transfer the residue of its property to the\nGrand Lodge Knights of Pythias, of the state of New York, and, unless\nreclaimed by such lodge within five years from the time when its charter\nwas or is surrendered or vacated, or from the time when it became or\nbecomes extinct, and in accordance with the constitution, statutes,\nrules and regulations of said Grand Lodge, the same, with the avails or\nincrease thereof, shall automatically, and without further action being\nrequired, become the property of said Grand Lodge, whenever such\nsurrender, vacating or extinction occurred, even if prior to the date\nwhen this subdivision became effective; and the provisions hereof as to\nthe transfer of said property to said Grand Lodge shall apply to such\nsurrender or vacating of the charter of such lodge, or its becoming\nextinct, prior to the effective date of this subdivision, if the\nproperty thereof has not been reclaimed.\n  5. If a lodge of the Benevolent and Protective Order of Elks, duly\nchartered according to the constitution, statutes, rules and regulations\nof the Grand Lodge of the Benevolent and Protective Order of Elks,\nsurrenders its charter to said Grand Lodge to which it is subordinate,\nor whose charter is vacated by said Grand Lodge, or if such lodge\nbecomes extinct, according to the constitution, statutes, rules and\nregulations of said Grand Lodge, trustees appointed by the Grand Exalted\nRuler shall receive, hold, conserve, manage or sell the lodge property,\nboth real and personal, satisfy all just debts of the lodge, and retain\nand invest the net proceeds therefrom, in trust, until such time as said\nlodge may be reinstated or a new charter be granted in the same\njurisdiction, except that the Grand Exalted Ruler shall direct that the\nremaining trust assets be conveyed to a tax exempt charitable\norganization of the State Association or, if there is no such tax exempt\ncharitable organization, to the Grand Lodge Emergency Charity Fund if he\nshall determine, after ten years from the creation of the trust, that\nthe lodge in question is not going to be reinstated or a new charter be\ngranted in the same jurisdiction.\n  6. If a lodge of Moose International, Inc., duly chartered according\nto the constitution and bylaws of Moose International, Inc., surrenders\nor suffers revocation of its charter to Moose International, Inc., to\nwhich it is subordinate, or if such lodge becomes extinct, according to\nthe constitution and bylaws of Moose International, Inc., the\nparaphernalia, supplies, property, cash and other assets remaining after\npayment of all indebtedness of the lodge shall be transferred to Moose\nInternational, which shall hold, conserve, manage or sell the property\nof lodge, both real and personal, and invest the net proceeds therefrom\nin a defunct lodge account, in the name of Moose International, Inc.\n