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New York · Through 2026-09-11

N.Y. Religious Corporations Law § 40: Meeting for incorporation

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Where this section sits in the code
  1. Religious Corporations Law
  2. Article 3. Protestant Episcopal Parishes or Churches

§ 40. Meeting for incorporation. Notice of a meeting for the purpose

of incorporating an unincorporated Protestant Episcopal parish or

congregation, and of electing the first churchwardens and vestrymen

thereof, shall specify the object, time and place of such meeting, and

shall be made public for at least two weeks prior to such meeting,

either by open reading of such notice in time of divine service, at the

usual place of worship of such parish or congregation, or by posting the

same conspiciously on the outer door of such place of worship. Only

persons of full age who have been regular attendants at the worship of

such parish or congregation and contributors to the support thereof for

one year next prior to such meeting, or since the establishment of such

parish or congregation, shall be qualified to vote at such meeting. The

presence of at least six persons qualified to vote thereat shall be

necessary to constitute a quorum of such meeting. The action of the

meeting upon any matter or question shall be decided by a majority of

the qualified voters voting thereon, a quorum being present. The

officiating minister, or if there be none, or he shall be necessarily

absent, any other person qualified to vote at the meeting, who is called

to the chair, shall preside thereat. Such presiding officer shall

receive the votes, be the judge of the qualifications of voters, and

declare the result of the votes cast at such meeting. The polls of the

meeting shall remain open for one hour or longer, in the discretion of

the presiding officer, or if required by a vote of the majority of the

voters present. The meeting shall decide whether such unincorporated

parish or congregation shall become incorporated. If such decision be in

favor of incorporation, such meeting shall decide upon the name of the

proposed corporation; what day, either a Sunday or a secular day, shall

be the date of the regular annual election; whether the vestrymen

thereof shall be three, six, nine, twelve, fifteen, eighteen, twenty-one

or twenty-four; and shall elect by ballot from the persons qualified to

be voters thereat, who have been baptized, one-third of the number of

vestrymen so decided upon to hold office until the first annual election

to be held thereafter, one-third of such number, to hold office until

one year after such annual election, and one-third of such number to

hold office until two years after such annual election; and shall elect

from such qualified voters who are communicants in the Protestant

Episcopal church, two persons to be churchwardens thereof, one to hold

office until such annual election, and one to hold office until one year

after such annual election.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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