NY Mil L § 260 (2021)
2021 New York Laws MIL - Military Article 12 - Miscellaneous Provisions 260 - Formation of Association; By-Laws; Inspection and Disposition of Funds.

§ 260. Formation  of  association; by-laws; inspection and disposition   of funds.  1. The officers, non-commissioned officers, petty officers or   members of any unit or units  of  the  organized  militia  may  organize   themselves  into  an  association  or  associations  of which the senior   officer, senior non-commissioned officer or senior petty officer, as the   case  may  be,  shall  be  president;  provided,  however,   that   such   associations  shall  by  an  affirmative vote of two-thirds of all their   members adopt by-laws not inconsistent  with  this  chapter,  and  which   shall  conform  to  regulations  issued  pursuant to this chapter and be   submitted to the adjutant general for his approval;  and  which  by-laws   shall  provide  that  the  treasurer  of  such association shall furnish   proper security for the faithful performance of  his  duties;  that  all   funds  of  the  association  shall  be  kept  in  a bank of deposit in a   separate account in the name of the association; that checks  upon  such   funds  shall  be  signed both by the treasurer and the president of such   association; and that the books and accounts of such associations  shall   at all times be open to the inspection of any member of the association,   the  commanding officer of the unit concerned and any officer whose duty   it is to inspect the organized militia. Such by-laws  may  contain  such   other  provisions  as  are  not inconsistent with the provisions of this   chapter and of regulations issued pursuant thereto, and when approved by   the adjutant general such by-laws shall be binding upon all  members  of   such  association;  but  they  may be altered in the manner provided for   their adoption from time to time as may be  found  necessary,  provided,   however, that the essential provisions hereinabove set forth shall in no   case be omitted or qualified. Every association already formed which has   not  adopted by-laws as herein provided and every association heretofore   formed which has adopted by-laws  that  do  not  contain  the  essential   requirements   hereinabove   set  forth,  shall  adopt  revised  by-laws   containing such requirements and submit the same  for  approval  to  the   adjutant  general,  except  that  the  adjutant  general  may direct the   revision of by-laws heretofore approved by the commanding officer of any   force of the organized militia to conform with any of  the  requirements   of  this  section  and  it shall not be necessary to submit such revised   by-laws to the adjutant general for his  approval  unless  he  expressly   requires such action.2.  Any  funds used for the benefit of units of the organized militia,   other than those of associations referred to in this  section  or  funds   derived  from the state pursuant to the provisions of this chapter, will   be administered by the commanding officer of the unit  concerned  and  a   treasurer appointed by him and will be kept, expended, accounted for and   subject  to  inspection  in  the manner prescribed by regulations issued   pursuant to this chapter.3. In case a unit of the organized militia is  disbanded,  deactivated   or  ordered  into  the active military service of the United States, the   adjutant general is authorized and empowered to direct  the  disposition   of  any  moneys  and  other  property  remaining  in  the  hands  of its   associations referred to in this section, and of other  funds  remaining   in the hands of or used for the benefit of the unit, other than funds of   such  associations  or  funds  derived  from  the state pursuant to this   chapter.4. The officers, noncommissioned officers, petty officers  or  members   of  any  unit  or units of the organized militia may organize themselves   into  a  not-for-profit  corporation  or   not-for-profit   corporations   pursuant  to  the  not-for-profit  corporation  law  for the purposes of   promoting the esprit de corps, morale and welfare of such personnel  and   for  such other lawful purposes as the adjutant general shall promulgate   by rules and regulations. Such not-for-profit corporation  may  dispense    liquor,  beer  and wine to be consumed on the premises provided a retail   license   for   on-premises   consumption    is    obtained    therefor.   Notwithstanding  the  provisions of any other law to the contrary, there   shall  be  no  fees  paid  to  the  department  of  state  for  filing a   certificate of incorporation as provided herein; provided  however  that   such certificate of incorporation shall have endorsed thereon or annexed   thereto the approval of the adjutant general.