N.Y. Religious Corporations Law § 2-b: Applicability of not-for-profit corporation law

§ 2-b. Applicability of not-for-profit corporation law. 1. The

not-for-profit corporation law applies to every corporation to which

this chapter applies, 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 religious corporations: subparagraphs (7) and (8) of

paragraph (a) of section one hundred twelve, section one hundred

fourteen, section two hundred one, section three hundred three, section

three hundred four, section three hundred five, section three hundred

six, article four except section four hundred one, section five hundred

fourteen, that portion of section five hundred fifty-five (b) and

section five hundred fifty-five (c) which reads "The institution shall

notify the donor, if available, and the attorney general of the

application, and the attorney general and such donor must be given an

opportunity to be heard", section six hundred five, section six hundred

seven, section six hundred nine, section eight hundred four, article

nine except section nine hundred ten, article ten except as provided in

section eleven hundred fifteen, section eleven hundred two, and article

fifteen except paragraph (c) of section fifteen hundred seven.

(d) Any reference in the not-for-profit corporation law to the

delivery of any certificate or other instrument to the department of

state for filing refers to the filing or recording thereof in the office

of the clerk of the county in which the corporation has its principal

office or place of worship or otherwise as provided in this chapter.

(d-1) Notwithstanding any provision of this chapter or the

not-for-profit corporation law, any church referred to in subdivision

two, three, four, five, five-a, five-b, five-c, five-d or six of section

twelve of this chapter shall not be required to give notice to the

attorney general of any application required by subdivision one of

section twelve of this chapter or any application or petition required

under section five hundred ten or section five hundred eleven of the

not-for-profit corporation law.

(e) No action shall be taken by the trustees of an incorporated Roman

Catholic church, or of a Ruthenian Greek Catholic church, under section

five hundred fifty-five of the not-for-profit corporation law (Release

or modification of restrictions on management, investment, or purpose)

without the consent of the archbishop or bishop of the diocese to which

such church belongs or in case of their absence or inability to act,

without the consent of the vicar general or administrator of such

diocese.

2. Every corporation to which the not-for-profit corporation law is

made applicable by this section is a charitable corporation as defined

in paragraph (a) of section one hundred two (Definitions) of the

not-for-profit corporation law for all purposes of that law.

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

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

applies.

4. For the purpose 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

section shall be September first, nineteen hundred seventy-two.