N.Y. Benevolent Orders Law § 1-a: Applicability of not-for-profit corporation law to benevolent orders

§ 1-a. Applicability of not-for-profit corporation law to benevolent

orders. 1. The not-for-profit corporation law applies to every

corporation heretofore or hereafter formed under this chapter, or under

any other statute or special act of this state, or under laws other than

the statutes of this state, which has as its purpose or among its

purposes a purpose for which a corporation may be formed under this

chapter, 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 benevolent orders: section two hundred one, article

four, paragraphs (a), (b), and (c) of section eight hundred four,

section nine hundred seven, section nine hundred eight, section nine

hundred nine, section ten hundred twelve, and article fourteen.

(d) Section six hundred eight of the not-for-profit corporation law

shall not apply to any corporation to which this chapter applies to the

extent that the provisions of such section conflict with any provision

of the certificate of incorporation or of the by-laws, heretofore or

hereafter adopted, of such corporation. Action to amend the certificate

of incorporation or by-laws in relation to quorum requirements may be

taken at a special meeting of members at which the quorum requirements

applicable to the corporation as of August thirty-first, nineteen

hundred seventy-one are fulfilled, but action may be taken only once

under this sentence.

(e) For the purposes 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 sectin shall be September first, nineteen hundred

seventy-one.

2. From and after the effective date of this section the general

corporation law shall not apply to any corporation to which this chapter

applies.