N.Y. Religious Corporations Law § 322: Meeting for incorporation

§ 322. Meeting for incorporation. 1. Notice of a meeting for the

purpose of incorporating an unincorporated United Methodist church shall

be in writing and shall state in substance, that a meeting of such

unincorporated church will be held at its usual place of worship at a

specified day and hour, for the purpose of incorporating such a church

and selecting a name therefor and electing trustees thereof.

2. Such notice must be signed by at least six full members of the

church who are all of full age and in good and regular standing. This

notice shall be publicly read at each of the two next preceding regular

meetings of such unincorporated church for public worship, at least one

week apart, at morning service, if such service be held, on Sunday, if

Sunday be the day for such regular meetings by the pastor or by one of

the signers thereof.

3. At the meeting for incorporation held in pursuance of such notice,

the following persons, and no others, shall be qualified voters, to wit:

all persons of full age who are then full members in good and regular

standing in such church. The presence of at least six persons qualified

to vote thereat shall be necessary to constitute a quorum of such a

meeting. Each action of the meeting upon any matter or question shall be

decided by a majority of the qualified voters present and voting

thereon. At such a meeting the district superintendent or the pastor

shall preside, or in the absence of both or in case of either or both

declining to preside, any qualified voter may be elected to preside.

The presiding officer shall be the judge of the qualifications of

voters, subject to appeal to the vote of the members present whose

qualifications as voters are not challenged, and shall receive the votes

cast and declare the result of the same.

4. If such meeting shall decide to incorporate such unincorporated

church, it shall also decide upon the name of the proposed

incorporation, the number of trustees thereof, which shall be three, six

or nine, and shall determine the date, not more than fifteen months

thereafter, on which the first annual election of the trustees thereof

after such meeting shall be held. Such meeting shall elect by ballot the

number of trustees decided upon, which trustees shall be of full age and

two-thirds of whom shall be members of The United Methodist Church.

One-third of these shall be elected to hold office until the first

annual election of trustees thereafter, one-third until the second

annual election, and one-third until the third annual election.