N.Y. Religious Corporations Law § 225-n: Corporations for acquiring property for special religious purposes

§ 225-n. Corporations for acquiring property for special religious

purposes.

1. An annual conference, a district quarterly conference, a circuit

consisting of two or more organized churches or any other regularly

organized free Methodist body may incorporate for the purpose of

carrying on special religious enterprises. Notice of such intention

shall be signed by at least six members of such organized body of full

age and mailed to all the churches existing under the jurisdiction of or

directly interested in said organized body at least ten days before the

date set for such incorporation. If the meeting so called shall decide

to incorporate, it shall also decide upon the name of the proposed

corporation and the number of trustees thereof, which shall be three or

some multiple of three not more than twenty-one. One-third of said

trustees shall hold office for three years, one-third for two years, and

one-third for one year. All trustees of such corporation shall hold

office until their successors are elected, and always at least

two-thirds of said trustees shall be members in full connection of the

free Methodist church, in good and regular standing.

2. The presiding officer and at least two other persons present and

voting thereat shall be appointed by such meeting to execute and

acknowledge a certificate of incorporation whereby they shall agree to

be governed by the discipline, rules and usages of the Free Methodist

Church of North America.

3. The trustees of such a corporation shall thereafter be elected

annually at a regular meeting, notice of which shall have been mailed by

the secretary, or some other officer of the board of trustees, to all

the churches existing under the jurisdiction of or directly interested

in said corporation at least ten days before the date set for said

meeting.

4. All members of and regular voters in such an organized and

incorporated free Methodist body shall be entitled to vote for trustees,

providing they are in good and regular standing in that organization.

5. Such an incorporated free Methodist body may acquire property for

churches, parsonages, missions, Sunday schools, denominational

educational institutions (subject to the consent of the University of

New York), residences of church workers, dispensaries of medicine for

the poor, rescue homes, homes for the aged or for needy and orphan

children, property for cemeteries, camp grounds or for other religious

purposes. Such a corporation shall have power to establish, maintain and

manage by its trustees or other officers such institutions as a part of

its religious purpose, and may take and hold by conveyance, donation,

bequest or devise real and personal property for such purposes, and may

purchase and may erect suitable buildings therefor. Any such corporation

may take and hold any grant, donation, bequest or devise of real or

personal property heretofore or hereafter made upon trust, and apply the

same, or the income thereof, under the direction of its trustees or

other officers. Such trustees or other officers shall have power to

mortgage or sell and convey any property under their care, when directed

so to do by the corporation that elected them, having first secured the

approval of the district superintendent of the district in which the

property is located and obtained leave of the supreme or county court

therefor pursuant to the provisions of this chapter; provided that in

all cases the proceeds of such sale or mortgage shall be used either for

the payment of debts or for the purchase or improvement of property for

the same uses and deeded to the same corporation; or if not used, shall

be held subject to the order of the annual conference in whose territory

such property may be situated. Provided, however, that if the deed of

the property to be sold conveys the property to the local corporation to

be held in trust for the use and benefit of the membership of the Free

Methodist Church of North America incorporated under the name of "Free

Methodist General Conference of North America," it shall also be

necessary to secure the consent of the Free Methodist General Conference

of North America, or in the intervals of its sessions, of such person or

persons as are authorized by said general conference to grant such

permission, in order to mortgage or sell and convey such property.

6. Vacancies occurring in the board of trustees of any such

corporation holding property for special religious purposes, during the

intervals between its regular meetings, may be filled by the remaining

trustees until the next regular meeting of said corporation, at which

meeting the vacancy shall be filled for the unexpired term.

7. In case any such corporation holding property for religious

purposes shall have failed to function, in the purposes for which it was

incorporated, for two consecutive years next prior thereto, the

governing free Methodist body having ecclesiastical jurisdiction over it

may declare such corporation extinct, and taking possession of its

property manage or dispose of the same according to the provisions made

for extinct churches in section two hundred and twenty-five-m of this

article.

8. Such corporations for special religious purposes shall be governed

in all respects not provided for in this section according to the other

provisions of this article.