2023 New York Laws › RCO - Religious Corporations › Article 20 - Assemblies of God Churches › 430 - Ownership of Property.

§   430.  Ownership  of  property.  1.  The  trustees  of  every  such
incorporated or reincorporated church shall have the custody and control
of all the temporalities and property, real and personal,  belonging  to
the  corporation  and  the  revenues therefrom, and shall administer the
same strictly in accordance with the by-laws of the corporation and  the
rules, regulations and usages of the New York district of the Assemblies
of God.
2.  The  certificate  of  incorporation  or reincorporation under this
article shall contain the following provisions:
(a) That in the event that any church shall make a final  decision  to
sever its affiliation with the general council of the Assemblies of God,
the  trustees  shall be deemed to hold title and retain ownership of all
corporate property, both real and personal, for the use and  benefit  of
any  members  whose teaching and practice is in accord with the articles
and tenets of faith set forth in the constitution of the general council
of the Assemblies of God, as from time to time amended; or
(b) That in the event that any church shall make a final  decision  to
sever its affiliation with the general council of the Assemblies of God,
the  trustees  shall be deemed to hold title and retain ownership of all
corporate property, both real and personal, for the use and  benefit  of
the majority of its membership.
3.  Any church incorporated or reincorporated under this article shall
provide in its certificate of  incorporation  or  reincorporation,  that
prior  to any final decision by the church to sever its affiliation with
the general council of the Assemblies of  God,  the  pastor  and/or  the
church  council  shall  invite the officiary of the New York district of
the Assemblies of God or its successor, to participate  in  a  specially
called  business  meeting for the express purpose of giving the district
officiary the opportunity to present  the  case  for  continued  general
council affiliation.
4.  In the event that members of a body incorporated or reincorporated
under this article shall commence or advocate a doctrinal teaching or  a
religious or social activity which contravenes the accepted teaching and
practices  of  the  general council of the Assemblies of God, and should
serious and apparently irreconcilable differences within the local  body
result  therefrom,  and if the local corporate body is unable to resolve
the dispute, and there is  need  to  determine  which  faction  of  such
dispute  is  in  accord  with  the provisions of the constitution of the
general council, either side of the dispute may appeal in writing to the
superintendent of the New York district of the Assemblies of God, or its
successor. Upon receipt of such appeal, or by invitation of  the  pastor
and/or  the  church  council,  in  accordance  with  the general council
constitution and by-laws provisions, the district  superintendent  shall
form  a  board  of  arbiters  consisting  of five in number and serve as
chairman of such board. The board  of  arbiters  shall  consist  of  one
representative   chosen   by   each   side   of   the  dispute  and  two
representatives of the presbytery. A fifth member  shall  be  a  neutral
pastor  appointed  by  the  district  superintendent and approved by the
other four members of the board of arbiters. The chairman is not to have
a vote on the board of arbiters. The first duty of the board shall be to
effect a reconciliation of the dispute.  If such  reconciliation  cannot
be  effected, the board shall proceed to make a determination concerning
the appeal, and issue a  written  resolution  thereon.  Such  resolution
shall  be  by  majority  vote of the board. The decision of the board of
arbiters shall be final subject only to the right of appeal afforded  by
the general council by-laws right of appeal. Enforcement and fulfillment
of such decision shall rest with the district presbyters.
5.  The  trustees of the church shall not purchase, sell, mortgage, or
lease for a term exceeding five years any of its real  property  without
the  approval  of a majority of its members present and voting at a duly
called business meeting.