N.Y. Not-for-Profit Corporation Law § 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.