N.Y. Religious Corporations Law § 430: Ownership of property

§ 430. Ownership of property. 1. The trustees of every such

incorporated or reincorporated church shall have the custody and control

of all the temporalities and property, real and personal, belonging to

the corporation and the revenues therefrom, and shall administer the

same strictly in accordance with the by-laws of the corporation and the

rules, regulations and usages of the New York district of the Assemblies

of God.

2. The certificate of incorporation or reincorporation under this

article shall contain the following provisions:

(a) That in the event that any church shall make a final decision to

sever its affiliation with the general council of the Assemblies of God,

the trustees shall be deemed to hold title and retain ownership of all

corporate property, both real and personal, for the use and benefit of

any members whose teaching and practice is in accord with the articles

and tenets of faith set forth in the constitution of the general council

of the Assemblies of God, as from time to time amended; or

(b) That in the event that any church shall make a final decision to

sever its affiliation with the general council of the Assemblies of God,

the trustees shall be deemed to hold title and retain ownership of all

corporate property, both real and personal, for the use and benefit of

the majority of its membership.

3. Any church incorporated or reincorporated under this article shall

provide in its certificate of incorporation or reincorporation, that

prior to any final decision by the church to sever its affiliation with

the general council of the Assemblies of God, the pastor and/or the

church council shall invite the officiary of the New York district of

the Assemblies of God or its successor, to participate in a specially

called business meeting for the express purpose of giving the district

officiary the opportunity to present the case for continued general

council affiliation.

4. In the event that members of a body incorporated or reincorporated

under this article shall commence or advocate a doctrinal teaching or a

religious or social activity which contravenes the accepted teaching and

practices of the general council of the Assemblies of God, and should

serious and apparently irreconcilable differences within the local body

result therefrom, and if the local corporate body is unable to resolve

the dispute, and there is need to determine which faction of such

dispute is in accord with the provisions of the constitution of the

general council, either side of the dispute may appeal in writing to the

superintendent of the New York district of the Assemblies of God, or its

successor. Upon receipt of such appeal, or by invitation of the pastor

and/or the church council, in accordance with the general council

constitution and by-laws provisions, the district superintendent shall

form a board of arbiters consisting of five in number and serve as

chairman of such board. The board of arbiters shall consist of one

representative chosen by each side of the dispute and two

representatives of the presbytery. A fifth member shall be a neutral

pastor appointed by the district superintendent and approved by the

other four members of the board of arbiters. The chairman is not to have

a vote on the board of arbiters. The first duty of the board shall be to

effect a reconciliation of the dispute. If such reconciliation cannot

be effected, the board shall proceed to make a determination concerning

the appeal, and issue a written resolution thereon. Such resolution

shall be by majority vote of the board. The decision of the board of

arbiters shall be final subject only to the right of appeal afforded by

the general council by-laws right of appeal. Enforcement and fulfillment

of such decision shall rest with the district presbyters.

5. The trustees of the church shall not purchase, sell, mortgage, or

lease for a term exceeding five years any of its real property without

the approval of a majority of its members present and voting at a duly

called business meeting.