N.Y. Religious Corporations Law § 206: Termination and dissolution of churches of the General Assembly of the Christian Church (Disciples of Christ), Inc

§ 206. Termination and dissolution of churches of the General Assembly

of the Christian Church (Disciples of Christ), Inc. whose churches are

individually known as "Christian Church (Disciples of Christ)" or

"Church of Christ (Disciples of Christ)" and affiliated religious

societies and the disposition of the real and personal property of such

churches and/or affiliated religious societies. 1. Any incorporated or

unincorporated church of the "General Assembly of the Christian Church

(Disciples of Christ), Inc." whose individual churches are known as

either "Church of Christ (Disciples of Christ)" or "Christian Church

(Disciples of Christ)" and any religious society or organization

affiliated with the "General Assembly of the Christian Church (Disciples

of Christ), Inc." or a "Christian Church (Disciples of Christ)" or

"Church of Christ (Disciples of Christ)" desiring to disband,

disorganize and become extinct and if incorporated, to dissolve the

corporate entity, shall accomplish the above objectives by an

affirmative vote of two-thirds of the members present and voting at a

special meeting called for the specific purpose of accomplishing one or

more of the above objectives, namely, the extinction of the church

and/or religious society and the disbandment of the church and/or

religious society and the dissolution of the corporate entity, if the

church and/or religious society is incorporated.

2. Any incorporated or unincorporated church of the "General Assembly

of the Christian Church (Disciples of Christ), Inc." whose affiliated

individual churches are known as either "Church of Christ (Disciples of

Christ)" or "Christian Church (Disciples of Christ)" and any religious

society or organization affiliated with the "General Assembly of the

Christian Church (Disciples of Christ), Inc." or an affiliated "Church

of Christ (Disciples of Christ)" or a "Christian Church (Disciples of

Christ)" shall be considered extinct when such church or society has not

held religious services and/or conducted activities according to the

customs and usages of the "General Assembly of the Christian Church

(Disciples of Christ), Inc." of which said church or religious society

is affiliated for a period of six consecutive months or has less than

twenty-five active members attending regular weekly or monthly meetings

and making regular weekly or monthly contributions toward the support of

said church or religious society.

3. (a) Upon such notice as the supreme court in the judicial district

where the church property or the religious society property is situated,

may prescribe and upon application made by petition of the officers or

the board of trustees or five members of such church or religious

society, stating fully the facts in the case and on evidence being

furnished, including but not limited to appropriate affidavits that the

conditions as set forth in subdivision one or two above have been

established and are currently existing, upon satisfactory proof of the

facts leading to said application, the court shall have jurisdiction to

grant an order declaring the church or society extinct and the corporate

entity dissolved if the petitioner is a religious corporation and said

order shall direct the transfer of both real and personal property of

the petitioner to the CHRISTIAN CHURCH (DISCIPLES OF CHRIST) -

NORTHEASTERN REGION, INC. or direct that the real property and personal

property be sold and that the proceeds be paid over to the CHRISTIAN

CHURCH (DISCIPLES OF CHRIST) - NORTHEASTERN REGION, INC. after the full

payment of all liens on the real property and of all of the outstanding

debts of the petitioners.

(b) Such order shall operate to transfer the interest of such extinct

church and/or religious society in such property or proceeds to the

CHRISTIAN CHURCH (DISCIPLES OF CHRIST) - NORTHEASTERN REGION, INC.

(c) The order shall also direct that the real property and personal

property or the proceeds obtained from the sale thereof after the

payment of all of the debts, obligations and liabilities of the

petitioner, shall be used by the CHRISTIAN CHURCH (DISCIPLES OF CHRIST)

- NORTHEASTERN REGION, INC. exclusively for the purpose or purposes for

which the CHRISTIAN CHURCH (DISCIPLES OF CHRIST) - NORTHEASTERN REGION,

INC. was organized and incorporated.

4. Nothing in this section, however, shall be construed to impair or

in any way effect any existing claim upon or lien against any property

so transferred or conveyed to the CHRISTIAN CHURCH (DISCIPLES OF CHRIST)

- NORTHEASTERN REGION, INC. or any action or legal proceedings that may

be pending at the time of the transfer referred to herein.

5. (a) The use of proxy or absentee ballots shall not be used relative

to any resolution involving matters set forth in subdivisions one and

two of this section unless the use of such proxy or absentee ballots is

authorized in the constitution and by-laws of the church or religious

society proceeding under the provisions of subdivisions one and two of

this section.

(b) The relief sought in subdivisions one and two of this section must

be accomplished by formal action taken at a special meeting of the

congregation of the church or of the members of the religious society

called for such purpose. (See Article 10 Section 194 - "Time, Place and

Notice of Corporate Meetings".)

(c) To vote at any meeting held to accomplish the purposes of

subdivisions one and two of this section, persons otherwise qualified to

vote must be at least eighteen years of age.