2023 New York Laws › NPC - Not-For-Profit Corporation › Article 2 - Corporate Purposes and Powers › 202 - General and Special Powers.

§ 202. General and special powers.
(a)  Each  corporation,  subject  to  any limitations provided in this
chapter or any other  statute  of  this  state  or  its  certificate  of
incorporation,   shall  have  power  in  furtherance  of  its  corporate
purposes:
(1) To have perpetual duration.
(2) To sue and be sued in all courts and to participate in actions and
proceedings, whether judicial, administrative, arbitrative or otherwise,
in like cases as natural persons.
(3) To have a corporate seal, and to alter such seal at pleasure,  and
to  use  it  by  causing it or a facsimile to be affixed or impressed or
reproduced in any other manner.
(4) To purchase, receive, take by  grant,  gift,  devise,  bequest  or
otherwise,  lease, or otherwise acquire, own, hold, improve, employ, use
and otherwise deal in and  with,  real  or  personal  property,  or  any
interest therein, wherever situated.
(5)  To  sell,  convey, lease, exchange, transfer or otherwise dispose
of, or mortgage or pledge, or create a security interest in, all or  any
of its property, or any interest therein, wherever situated.
(6)  To  purchase, take, receive, subscribe for, or otherwise acquire,
own, hold, vote, employ,  sell,  lend,  lease,  exchange,  transfer,  or
otherwise  dispose  of,  mortgage, pledge, use and otherwise deal in and
with, bonds and  other  obligations,  shares,  or  other  securities  or
interests  issued  by  others,  whether  engaged in similar or different
business, governmental, or other activities.
(7)  To  make  capital   contributions   or   subventions   to   other
not-for-profit corporations.
(8)   To  accept  subventions  from  other  persons  or  any  unit  of
government.
(9) To make contracts, give guarantees and incur  liabilities,  borrow
money  at such rates of interest as the corporation may determine, issue
its  notes,  bonds  and  other  obligations,  and  secure  any  of   its
obligations  by  mortgage or pledge of all or any of its property or any
interest therein, wherever situated.
(10) To lend money, invest and reinvest its funds, and take  and  hold
real  and  personal  property  as  security  for the payment of funds so
loaned or invested.
(11) To conduct the activities of the corporation and have offices and
exercise the powers granted by this chapter in any  jurisdiction  within
or without the United States.
(12)  To  elect or appoint officers, employees and other agents of the
corporation, define their duties, fix their reasonable compensation  and
the  reasonable  compensation  of  directors, and to indemnify corporate
personnel.  Such  compensation  shall  be  commensurate  with   services
performed.
(13)  To  adopt,  amend or repeal by-laws, including emergency by-laws
made pursuant to subdivision seventeen of section twelve  of  the  state
defense  emergency  act,  relating to the activities of the corporation,
the conduct of its affairs, its rights or powers or the rights or powers
of its members, directors or officers.
(14) To make donations, irrespective of  corporate  benefit,  for  the
public welfare or for community fund, hospital, charitable, educational,
scientific,  civic  or  similar  purposes,  and  in time of war or other
national emergency in aid thereof.
(15) To  be  a  member,  associate  or  manager  of  other  non-profit
activities or to the extent permitted in any other jurisdiction to be an
incorporator   of   other  corporations,  and  to  be  a  partner  in  a
redevelopment company formed under the private housing finance law.
(16) To have and exercise all powers necessary to effect any or all of
the purposes for which the corporation is formed.
(b)   If  any  general  or  special  law  heretofore  passed,  or  any
certificate of incorporation, shall  limit  the  amount  of  property  a
corporation  may  take  or hold, or the yearly income from the corporate
assets or any part thereof, such corporation may take and hold  property
of  the  value  of  fifty  million dollars or less, or the yearly income
derived from which shall be six million dollars or less, or may  receive
yearly income from such corporate assets of six million dollars or less,
notwithstanding  any  such  limitations.  In computing the value of such
property, no increase in value arising otherwise than from  improvements
made thereon shall be taken into account.
(c)  When  any corporation shall have sold or conveyed any part of its
real property, the supreme court, notwithstanding a restriction  in  any
general  or special law, may authorize it to purchase and hold from time
to time other real property, upon satisfactory proof that the  value  of
the  property  so purchased does not exceed the value of the property so
sold and conveyed within the three years next preceding the application.
(d) A corporation formed under  general  or  special  law  to  provide
parks,  playgrounds  or cemeteries, or buildings and grounds for camp or
grove meetings. Sunday school assemblies, cemetery purposes, temperance,
missionary, educational, scientific, musical and other meetings, subject
to the ordinances and police regulations of the county, city,  town,  or
village  in  which  such  parks,  playgrounds, cemeteries, buildings and
grounds are situated, may appoint from time to time one or more  special
police officers, with power to remove the same at pleasure. Such special
police   officers   shall  preserve  order  in  and  about  such  parks,
playgrounds, cemeteries,  buildings  and  grounds,  and  the  approaches
thereto,  and  to  protect  the  same from injury, and shall enforce the
established rules and  regulations  of  the  corporation.  Every  police
officer  so  appointed  shall  within  fifteen  days  after  his  or her
appointment and before entering upon the duties of his  or  her  office,
take  and  subscribe  the  oath  of  office prescribed in the thirteenth
article of the constitution of the state of New York, which  oath  shall
be  filed  in  the  office  of the county clerk of the county where such
grounds are situated. A police officer appointed under this section when
on duty shall wear conspicuously a metallic shield with the name of  the
corporation   which   appointed   him  or  her  inscribed  thereon.  The
compensation of police officers appointed under this  section  shall  be
paid by the corporation by which they are appointed.
(e)  Any  wilful  trespass  in  or upon any of the parks, playgrounds,
buildings  or  grounds  provided  for  the  purposes  mentioned  in  the
preceding  paragraph,  or  upon  the  approaches thereto, and any wilful
injury to any of the said parks, playgrounds, buildings or  grounds,  or
to  any  trees, shrubbery, fences, fixtures or other property thereon or
pertaining thereto, and any wilful disturbance of the peace  thereon  by
intentional breach of the rules and regulations of the corporation, is a
misdemeanor.
(f)  No  corporation  shall conduct activities in New York state under
any name, other than that appearing in its certificate of incorporation,
without compliance with the filing provisions  of  section  one  hundred
thirty  of  the  general  business law governing the conduct of business
under an assumed name.
(g) Every corporation receiving any kind of state funding shall ensure
the provision on any form required to be  completed  at  application  or
recertification  for  the  purpose  of  obtaining  financial  assistance
pursuant to this chapter, that the  application  form  shall  contain  a
check-off question asking whether the applicant or recipient or a member

of his or her family served in the United States military, and an option
to  answer  in the affirmative. Where the applicant or recipient answers
in the affirmative to  such  question,  the  not-for-profit  corporation
shall  ensure  that  contact  information  for  the  state department of
veterans' services  is  provided  to  such  applicant  or  recipient  in
addition to any other materials provided.