N.Y. MIL Law § 260 — New York Code / Act MIL / Article 12 / Section 260
Formation of association; by-laws; inspection and disposition of funds
Status: in_force

§ 260. Formation of association; by-laws; inspection and disposition\nof funds.  1. The officers, non-commissioned officers, petty officers or\nmembers of any unit or units of the organized militia may organize\nthemselves into an association or associations of which the senior\nofficer, senior non-commissioned officer or senior petty officer, as the\ncase may be, shall be president; provided, however, that such\nassociations shall by an affirmative vote of two-thirds of all their\nmembers adopt by-laws not inconsistent with this chapter, and which\nshall conform to regulations issued pursuant to this chapter and be\nsubmitted to the adjutant general for his approval; and which by-laws\nshall provide that the treasurer of such association shall furnish\nproper security for the faithful performance of his duties; that all\nfunds of the association shall be kept in a bank of deposit in a\nseparate account in the name of the association; that checks upon such\nfunds shall be signed both by the treasurer and the president of such\nassociation; and that the books and accounts of such associations shall\nat all times be open to the inspection of any member of the association,\nthe commanding officer of the unit concerned and any officer whose duty\nit is to inspect the organized militia. Such by-laws may contain such\nother provisions as are not inconsistent with the provisions of this\nchapter and of regulations issued pursuant thereto, and when approved by\nthe adjutant general such by-laws shall be binding upon all members of\nsuch association; but they may be altered in the manner provided for\ntheir adoption from time to time as may be found necessary, provided,\nhowever, that the essential provisions hereinabove set forth shall in no\ncase be omitted or qualified. Every association already formed which has\nnot adopted by-laws as herein provided and every association heretofore\nformed which has adopted by-laws that do not contain the essential\nrequirements hereinabove set forth, shall adopt revised by-laws\ncontaining such requirements and submit the same for approval to the\nadjutant general, except that the adjutant general may direct the\nrevision of by-laws heretofore approved by the commanding officer of any\nforce of the organized militia to conform with any of the requirements\nof this section and it shall not be necessary to submit such revised\nby-laws to the adjutant general for his approval unless he expressly\nrequires such action.\n  2. Any funds used for the benefit of units of the organized militia,\nother than those of associations referred to in this section or funds\nderived from the state pursuant to the provisions of this chapter, will\nbe administered by the commanding officer of the unit concerned and a\ntreasurer appointed by him and will be kept, expended, accounted for and\nsubject to inspection in the manner prescribed by regulations issued\npursuant to this chapter.\n  3. In case a unit of the organized militia is disbanded, deactivated\nor ordered into the active military service of the United States, the\nadjutant general is authorized and empowered to direct the disposition\nof any moneys and other property remaining in the hands of its\nassociations referred to in this section, and of other funds remaining\nin the hands of or used for the benefit of the unit, other than funds of\nsuch associations or funds derived from the state pursuant to this\nchapter.\n  4. The officers, noncommissioned officers, petty officers or members\nof any unit or units of the organized militia may organize themselves\ninto a not-for-profit corporation or not-for-profit corporations\npursuant to the not-for-profit corporation law for the purposes of\npromoting the esprit de corps, morale and welfare of such personnel and\nfor such other lawful purposes as the adjutant general shall promulgate\nby rules and regulations. Such not-for-profit corporation may dispense\nliquor, beer and wine to be consumed on the premises provided a retail\nlicense for on-premises consumption is obtained therefor.\nNotwithstanding the provisions of any other law to the contrary, there\nshall be no fees paid to the department of state for filing a\ncertificate of incorporation as provided herein; provided however that\nsuch certificate of incorporation shall have endorsed thereon or annexed\nthereto the approval of the adjutant general.\n