2023 New York Laws › NPC - Not-For-Profit Corporation › Article 15 - Public Cemetery Corporations › 1505 - Special Requirements of Incorporation.

§ 1505. Special requirements of incorporation.
(a)  Certificate of incorporation; additional contents. In addition to
the  requirements  of  section  four   hundred   two   (Certificate   of
incorporation; contents), the certificate of incorporation of a cemetery
corporation  shall be filed in the office of the clerk of each county in
which any part of the cemetery is proposed to be, or is,  situated,  and
shall  state:  (1)  each city, village or town, and county, in which any
part of the cemetery is or is proposed to be situated; and (2) the  time
of the annual meeting.
(b)  Cemetery board endorsement. Every certificate of incorporation of
a cemetery corporation, except those within the exclusionary  provisions
of section fifteen hundred three, shall have endorsed thereon or annexed
thereto  the  approval  of the cemetery board as required in subdivision
(e) of section four hundred four of this chapter.
(c) Type of  corporation.  A  cemetery  corporation  is  a  charitable
corporation under this chapter.
(d)  Lot  owners in unincorporated cemeteries may incorporate. (1) Not
less than three owners of lots in an unincorporated cemetery may cause a
notice to be posted in at least six conspicuous places in the city, town
or village in which such cemetery is located, and to be  published  once
in  each  week  for  three  successive  weeks  in  a  newspaper, if any,
published in such  municipality,  stating  that  at  a  time  and  place
specified, a meeting of the lot owners will be held to determine whether
such  cemetery  shall be incorporated, pursuant to this chapter. (2) The
meeting shall be held at a convenient place in the city, town or village
in which the cemetery is located, not less  that  twenty-five  nor  more
than  thirty  days after the first posting and publication of the notice
of the meeting. At such meeting every lot owner shall be entitled to one
vote in person or by proxy for  each  lot  owned  by  him.  The  persons
entitled  to vote at such meeting shall select a chairman and secretary,
and determine by ballot whether or not the lot owners shall  incorporate
pursuant  to this chapter. (3) If a majority of the ballots are in favor
of incorporation, the persons entitled to vote  at  such  meeting  shall
select  three  lot  owners  to  incorporate  and  the provisions of this
chapter shall be applicable, except that three persons may  incorporate,
and  the  corporation  shall  not  be  required  to have more than three
directors. Upon such incorporation, the lot owners shall be  members  of
the  corporation, and it shall be vested with the title to such cemetery
and the personal property appertaining thereto.  If  the  title  to  the
cemetery has prior to such incorporation vested in the town, pursuant to
section  two  hundred  and  ninety-one of the town law of section one of
title seven of chapter eleven of part one of the  revised  statute,  the
supervisor  of  such  town  shall  on  request  of the directors of such
corporation, execute to it a deed of such cemetery lands  releasing  all
interest  of  the town therein, and thereafter the title shall be vested
in the corporation.