N.Y. RCO Law § 225-N — New York Code / Act RCO / Article 11-A / Section 225-N
Corporations for acquiring property for special religious purposes
Status: in_force

§ 225-n. Corporations for acquiring property for special religious\npurposes.\n  1. An annual conference, a district quarterly conference, a circuit\nconsisting of two or more organized churches or any other regularly\norganized free Methodist body may incorporate for the purpose of\ncarrying on special religious enterprises. Notice of such intention\nshall be signed by at least six members of such organized body of full\nage and mailed to all the churches existing under the jurisdiction of or\ndirectly interested in said organized body at least ten days before the\ndate set for such incorporation. If the meeting so called shall decide\nto incorporate, it shall also decide upon the name of the proposed\ncorporation and the number of trustees thereof, which shall be three or\nsome multiple of three not more than twenty-one. One-third of said\ntrustees shall hold office for three years, one-third for two years, and\none-third for one year. All trustees of such corporation shall hold\noffice until their successors are elected, and always at least\ntwo-thirds of said trustees shall be members in full connection of the\nfree Methodist church, in good and regular standing.\n  2. The presiding officer and at least two other persons present and\nvoting thereat shall be appointed by such meeting to execute and\nacknowledge a certificate of incorporation whereby they shall agree to\nbe governed by the discipline, rules and usages of the Free Methodist\nChurch of North America.\n  3. The trustees of such a corporation shall thereafter be elected\nannually at a regular meeting, notice of which shall have been mailed by\nthe secretary, or some other officer of the board of trustees, to all\nthe churches existing under the jurisdiction of or directly interested\nin said corporation at least ten days before the date set for said\nmeeting.\n  4. All members of and regular voters in such an organized and\nincorporated free Methodist body shall be entitled to vote for trustees,\nproviding they are in good and regular standing in that organization.\n  5. Such an incorporated free Methodist body may acquire property for\nchurches, parsonages, missions, Sunday schools, denominational\neducational institutions (subject to the consent of the University of\nNew York), residences of church workers, dispensaries of medicine for\nthe poor, rescue homes, homes for the aged or for needy and orphan\nchildren, property for cemeteries, camp grounds or for other religious\npurposes. Such a corporation shall have power to establish, maintain and\nmanage by its trustees or other officers such institutions as a part of\nits religious purpose, and may take and hold by conveyance, donation,\nbequest or devise real and personal property for such purposes, and may\npurchase and may erect suitable buildings therefor. Any such corporation\nmay take and hold any grant, donation, bequest or devise of real or\npersonal property heretofore or hereafter made upon trust, and apply the\nsame, or the income thereof, under the direction of its trustees or\nother officers. Such trustees or other officers shall have power to\nmortgage or sell and convey any property under their care, when directed\nso to do by the corporation that elected them, having first secured the\napproval of the district superintendent of the district in which the\nproperty is located and obtained leave of the supreme or county court\ntherefor pursuant to the provisions of this chapter; provided that in\nall cases the proceeds of such sale or mortgage shall be used either for\nthe payment of debts or for the purchase or improvement of property for\nthe same uses and deeded to the same corporation; or if not used, shall\nbe held subject to the order of the annual conference in whose territory\nsuch property may be situated. Provided, however, that if the deed of\nthe property to be sold conveys the property to the local corporation to\nbe held in trust for the use and benefit of the membership of the Free\nMethodist Church of North America incorporated under the name of "Free\nMethodist General Conference of North America," it shall also be\nnecessary to secure the consent of the Free Methodist General Conference\nof North America, or in the intervals of its sessions, of such person or\npersons as are authorized by said general conference to grant such\npermission, in order to mortgage or sell and convey such property.\n  6. Vacancies occurring in the board of trustees of any such\ncorporation holding property for special religious purposes, during the\nintervals between its regular meetings, may be filled by the remaining\ntrustees until the next regular meeting of said corporation, at which\nmeeting the vacancy shall be filled for the unexpired term.\n  7. In case any such corporation holding property for religious\npurposes shall have failed to function, in the purposes for which it was\nincorporated, for two consecutive years next prior thereto, the\ngoverning free Methodist body having ecclesiastical jurisdiction over it\nmay declare such corporation extinct, and taking possession of its\nproperty manage or dispose of the same according to the provisions made\nfor extinct churches in section two hundred and twenty-five-m of this\narticle.\n  8. Such corporations for special religious purposes shall be governed\nin all respects not provided for in this section according to the other\nprovisions of this article.\n