2023 New York Laws › RCO - Religious Corporations › Article 10 - Other Denominations › 206 - Termination and Dissolution of Churches of the General Assembly of the Christian Church (Disciples of Christ), Inc.

§ 206. Termination and dissolution of churches of the General Assembly
of  the  Christian Church (Disciples of Christ), Inc. whose churches are
individually known  as  "Christian  Church  (Disciples  of  Christ)"  or
"Church  of  Christ  (Disciples  of  Christ)"  and  affiliated religious
societies and the disposition of the real and personal property of  such
churches  and/or  affiliated religious societies. 1. Any incorporated or
unincorporated church of the "General Assembly of the  Christian  Church
(Disciples  of  Christ),  Inc."  whose  individual churches are known as
either "Church of Christ (Disciples of  Christ)"  or  "Christian  Church
(Disciples  of  Christ)"  and  any  religious  society  or  organization
affiliated with the "General Assembly of the Christian Church (Disciples
of Christ), Inc." or a  "Christian  Church  (Disciples  of  Christ)"  or
"Church   of   Christ   (Disciples  of  Christ)"  desiring  to  disband,
disorganize and become extinct and  if  incorporated,  to  dissolve  the
corporate   entity,   shall   accomplish  the  above  objectives  by  an
affirmative vote of two-thirds of the members present and  voting  at  a
special  meeting called for the specific purpose of accomplishing one or
more of the above objectives,  namely,  the  extinction  of  the  church
and/or  religious  society  and  the  disbandment  of  the church and/or
religious society and the dissolution of the corporate  entity,  if  the
church and/or religious society is incorporated.
2.  Any incorporated or unincorporated church of the "General Assembly
of the Christian Church (Disciples of Christ),  Inc."  whose  affiliated
individual  churches are known as either "Church of Christ (Disciples of
Christ)" or "Christian Church (Disciples of Christ)" and  any  religious
society  or  organization  affiliated  with the "General Assembly of the
Christian Church (Disciples of Christ), Inc." or an  affiliated  "Church
of  Christ  (Disciples  of Christ)" or a "Christian Church (Disciples of
Christ)" shall be considered extinct when such church or society has not
held religious services and/or conducted  activities  according  to  the
customs  and  usages  of  the  "General Assembly of the Christian Church
(Disciples of Christ), Inc." of which said church or  religious  society
is  affiliated  for  a period of six consecutive months or has less than
twenty-five active members attending regular weekly or monthly  meetings
and making regular weekly or monthly contributions toward the support of
said church or religious society.
3.  (a) Upon such notice as the supreme court in the judicial district
where the church property or the religious society property is situated,
may prescribe and upon application made by petition of the  officers  or
the  board  of  trustees  or  five  members  of such church or religious
society, stating fully the facts in  the  case  and  on  evidence  being
furnished,  including but not limited to appropriate affidavits that the
conditions as set forth in  subdivision  one  or  two  above  have  been
established  and  are currently existing, upon satisfactory proof of the
facts leading to said application, the court shall have jurisdiction  to
grant an order declaring the church or society extinct and the corporate
entity  dissolved  if the petitioner is a religious corporation and said
order shall direct the transfer of both real and  personal  property  of
the   petitioner  to  the  CHRISTIAN  CHURCH  (DISCIPLES  OF  CHRIST)  -
NORTHEASTERN REGION, INC. or direct that the real property and  personal
property  be  sold  and  that the proceeds be paid over to the CHRISTIAN
CHURCH (DISCIPLES OF CHRIST) - NORTHEASTERN REGION, INC. after the  full
payment  of all liens on the real property and of all of the outstanding
debts of the petitioners.
(b) Such order shall operate to transfer the interest of such  extinct
church  and/or  religious  society  in  such property or proceeds to the
CHRISTIAN CHURCH (DISCIPLES OF CHRIST) - NORTHEASTERN REGION, INC.
(c) The order shall also direct that the real  property  and  personal
property  or  the  proceeds  obtained  from  the  sale thereof after the
payment of  all  of  the  debts,  obligations  and  liabilities  of  the
petitioner,  shall be used by the CHRISTIAN CHURCH (DISCIPLES OF CHRIST)
-  NORTHEASTERN REGION, INC. exclusively for the purpose or purposes for
which the CHRISTIAN CHURCH (DISCIPLES OF CHRIST) - NORTHEASTERN  REGION,
INC. was organized and incorporated.
4.  Nothing  in this section, however, shall be construed to impair or
in any way effect any existing claim upon or lien against  any  property
so transferred or conveyed to the CHRISTIAN CHURCH (DISCIPLES OF CHRIST)
-  NORTHEASTERN REGION, INC. or any action or legal proceedings that may
be pending at the time of the transfer referred to herein.
5. (a) The use of proxy or absentee ballots shall not be used relative
to any resolution involving matters set forth in  subdivisions  one  and
two  of this section unless the use of such proxy or absentee ballots is
authorized in the constitution and by-laws of the  church  or  religious
society  proceeding  under the provisions of subdivisions one and two of
this section.
(b) The relief sought in subdivisions one and two of this section must
be accomplished by formal action taken  at  a  special  meeting  of  the
congregation  of  the  church or of the members of the religious society
called for such purpose. (See Article 10 Section 194 - "Time, Place  and
Notice of Corporate Meetings".)
(c)  To  vote  at  any  meeting  held  to  accomplish  the purposes of
subdivisions one and two of this section, persons otherwise qualified to
vote must be at least eighteen years of age.