N.Y. Military Law § 260: Formation of association; by-laws; inspection and disposition of funds

§ 260. Formation of association; by-laws; inspection and disposition

of funds. 1. The officers, non-commissioned officers, petty officers or

members of any unit or units of the organized militia may organize

themselves into an association or associations of which the senior

officer, senior non-commissioned officer or senior petty officer, as the

case may be, shall be president; provided, however, that such

associations shall by an affirmative vote of two-thirds of all their

members adopt by-laws not inconsistent with this chapter, and which

shall conform to regulations issued pursuant to this chapter and be

submitted to the adjutant general for his approval; and which by-laws

shall provide that the treasurer of such association shall furnish

proper security for the faithful performance of his duties; that all

funds of the association shall be kept in a bank of deposit in a

separate account in the name of the association; that checks upon such

funds shall be signed both by the treasurer and the president of such

association; and that the books and accounts of such associations shall

at all times be open to the inspection of any member of the association,

the commanding officer of the unit concerned and any officer whose duty

it is to inspect the organized militia. Such by-laws may contain such

other provisions as are not inconsistent with the provisions of this

chapter and of regulations issued pursuant thereto, and when approved by

the adjutant general such by-laws shall be binding upon all members of

such association; but they may be altered in the manner provided for

their adoption from time to time as may be found necessary, provided,

however, that the essential provisions hereinabove set forth shall in no

case be omitted or qualified. Every association already formed which has

not adopted by-laws as herein provided and every association heretofore

formed which has adopted by-laws that do not contain the essential

requirements hereinabove set forth, shall adopt revised by-laws

containing such requirements and submit the same for approval to the

adjutant general, except that the adjutant general may direct the

revision of by-laws heretofore approved by the commanding officer of any

force of the organized militia to conform with any of the requirements

of this section and it shall not be necessary to submit such revised

by-laws to the adjutant general for his approval unless he expressly

requires such action.

2. Any funds used for the benefit of units of the organized militia,

other than those of associations referred to in this section or funds

derived from the state pursuant to the provisions of this chapter, will

be administered by the commanding officer of the unit concerned and a

treasurer appointed by him and will be kept, expended, accounted for and

subject to inspection in the manner prescribed by regulations issued

pursuant to this chapter.

3. In case a unit of the organized militia is disbanded, deactivated

or ordered into the active military service of the United States, the

adjutant general is authorized and empowered to direct the disposition

of any moneys and other property remaining in the hands of its

associations referred to in this section, and of other funds remaining

in the hands of or used for the benefit of the unit, other than funds of

such associations or funds derived from the state pursuant to this

chapter.

4. The officers, noncommissioned officers, petty officers or members

of any unit or units of the organized militia may organize themselves

into a not-for-profit corporation or not-for-profit corporations

pursuant to the not-for-profit corporation law for the purposes of

promoting the esprit de corps, morale and welfare of such personnel and

for such other lawful purposes as the adjutant general shall promulgate

by rules and regulations. Such not-for-profit corporation may dispense

liquor, beer and wine to be consumed on the premises provided a retail

license for on-premises consumption is obtained therefor.

Notwithstanding the provisions of any other law to the contrary, there

shall be no fees paid to the department of state for filing a

certificate of incorporation as provided herein; provided however that

such certificate of incorporation shall have endorsed thereon or annexed

thereto the approval of the adjutant general.