2023 New York Laws › RCO - Religious Corporations › Article 1 - Short Title and Definitions › 2-B - Applicability of Not-for-Profit Corporation Law.

§  2-b.  Applicability  of  not-for-profit  corporation  law.  1.  The
not-for-profit corporation law applies to  every  corporation  to  which
this chapter applies, provided that:
(a)  If  any provision of the not-for-profit corporation law conflicts
with any provision of this chapter, the provision of this chapter  shall
prevail  and the conflicting provision of the not-for-profit corporation
law shall not apply in such case.  If  any  provision  of  this  chapter
relates  to  a matter embraced in the not-for-profit corporation law but
is not in conflict therewith, both provisions shall apply.
(b) A corporation to which the not-for-profit corporation law is  made
applicable  by  this  section  shall  be  treated  as  a  "corporation",
"domestic corporation", or "foreign corporation" as such terms are  used
in  the  not-for-profit  corporation  law,  except that the purposes for
which any such corporation has been or may be formed under this  chapter
shall not thereby be extended.
(c)  The  following  provisions  of the not-for-profit corporation law
shall not apply to religious corporations: subparagraphs (7) and (8)  of
paragraph  (a)  of  section  one  hundred  twelve,  section  one hundred
fourteen, section two hundred one, section three hundred three,  section
three  hundred  four,  section three hundred five, section three hundred
six, article four except section four hundred one, section five  hundred
fourteen,  that  portion  of  section  five  hundred  fifty-five (b) and
section five hundred fifty-five (c) which reads "The  institution  shall
notify  the  donor,  if  available,  and  the  attorney  general  of the
application, and the attorney general and such donor must  be  given  an
opportunity  to be heard", section six hundred five, section six hundred
seven, section six hundred nine, section  eight  hundred  four,  article
nine  except section nine hundred ten, article ten except as provided in
section eleven hundred fifteen, section eleven hundred two, and  article
fifteen except paragraph (c) of section fifteen hundred seven.
(d)  Any  reference  in  the  not-for-profit  corporation  law  to the
delivery of any certificate or other instrument  to  the  department  of
state for filing refers to the filing or recording thereof in the office
of  the  clerk  of the county in which the corporation has its principal
office or place of worship or otherwise as provided in this chapter.
(d-1)  Notwithstanding  any  provision  of   this   chapter   or   the
not-for-profit  corporation  law,  any church referred to in subdivision
two, three, four, five, five-a, five-b, five-c, or six of section twelve
of this chapter shall not be required to give  notice  to  the  attorney
general of any application required by subdivision one of section twelve
of  this  chapter  or any application or petition required under section
five hundred ten or section five hundred eleven  of  the  not-for-profit
corporation law.
(e)  No action shall be taken by the trustees of an incorporated Roman
Catholic church, or of a Ruthenian Greek Catholic church, under  section
five  hundred  fifty-five of the not-for-profit corporation law (Release
or modification of restrictions on management, investment,  or  purpose)
without  the consent of the archbishop or bishop of the diocese to which
such church belongs or in case of their absence  or  inability  to  act,
without  the  consent  of  the  vicar  general  or administrator of such
diocese.
2. Every corporation to which the not-for-profit  corporation  law  is
made  applicable  by this section is a charitable corporation as defined
in paragraph (a)  of  section  one  hundred  two  (Definitions)  of  the
not-for-profit corporation law for all purposes of that law.
3.  From  and  after  the  effective  date of this section the general
corporation law shall not apply to any corporation to which this chapter
applies.
4. For the purpose of this section and elsewhere in this  chapter  the
effective  date of the not-for-profit corporation law as to corporations
to which the not-for-profit corporation law is made applicable  by  this
section shall be September first, nineteen hundred seventy-two.