N.Y. Religious Corporations Law § 55: Annual and special corporate meetings

§ 55. Annual and special corporate meetings. 1. The annual corporate

meeting of every church or congregation incorporated under this article

shall be held at the time and place fixed by its by-laws, or if no time

and place is so fixed, then at a time and place to be fixed by its

trustees, but to be changed only by a by-law adopted at an annual

meeting; or if not otherwise fixed, such annual corporate meeting shall

be held on the date said certificate of incorporation was executed,

unless the same fall due on a Sunday or legal holiday in any year, in

which case said annual corporate meeting shall be held the day

following.

2. A special corporate meeting of any such church may be called by the

trustees thereof, on their own motion, and shall be called on the

written request of at least ten qualified voters of such church.

3. The trustees shall cause notice of the time and place of its annual

corporate meeting, and the names of any trustees whose successors are to

be elected thereat, and if a special meeting, of the business to be

transacted thereat, to be publicly read by the minister of such church

or any of the trustees thereof at a regular meeting of the church for

public worship, on the two successive Sundays immediately preceding such

meeting.

4. The annual corporate meeting shall be governed with respect to its

organization and election of laymen trustees, clerk of the corporation

and qualifications of voters (except with respect to age qualifications

of voters as provided in section four-a) by the same provisions as set

forth in this article for the incorporation of said church, except, that

the duly ordained and regularly appointed rector or vicar shall preside,

or if there be a vacancy in such office, one of the wardens shall

preside, the congregation in such case voting by ballot for its

presiding officer.

5. The same provisions shall apply to a special corporate meeting.

6. At the annual corporate meeting the trustees shall cause to be

prepared and read thereat a budget giving the approximate amount of

money needed for the maintenance of worship, the administration of the

temporal affairs of the church and for the care of the property, and

such other regular and special items as shall be brought to the

attention of the meeting, which budget shall be discussed and decided

upon, ratified or amended by the said meeting by majority vote, with

ample provision made to raise such funds by whatever usages the church

shall elect.

7. In the event that a quorum shall not be present at any annual

corporate meeting and no election of officers shall be accordingly had

thereat, the rector, vicar, or minister in charge of the church or

congregation is authorized to and shall call a special meeting (which

may be referred to as an adjourned annual corporate meeting) at a time

and place to be fixed by him. Notice of such meeting shall be given in

the same manner as provided for any special meeting. If such special

meeting be not called by such rector, vicar or minister within two weeks

following the date for such annual meeting, the bishop is authorized to

and shall call such special meeting and notice thereof shall be given in

like manner. The election of officers and any other business required or

scheduled to have been had or conducted at the annual corporate meeting

may be had and conducted at such special meeting. In the event that a

quorum shall not be present at such special meeting and no election of

officers shall be accordingly had thereat, the rector, vicar or minister

in charge of the church or congregation, with the approval of the

bishop, not more than sixty days thereafter, is authorized to and shall

appoint the laymen trustees, wardens and other lay officers to the

offices not filled by election at such annual corporate meeting or such

special meeting, and they shall hold office as such until the next

succeeding annual meeting. If such rector, vicar or minister shall fail

to make such appointments, the bishop is authorized to and shall make

such appointments, with like force and effect.