N.Y. Religious Corporations Law § 63: Incorporation of unincorporated Presbyterian churches and decision as to system of incorporation and government

§ 63. Incorporation of unincorporated Presbyterian churches and

decision as to system of incorporation and government. A meeting for

the purpose of incorporation of an unincorporated Presbyterian church in

connection with the Presbyterian Church (U.S.A.), must be called and

held in pursuance of the provisions of this article.

1. The notice and call of such meeting 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 church and designating the trustees

thereof. The notice must be signed by at least six persons of full age

who are then members in good and regular standing of such church by

admission into full communion or membership therewith, in accordance

with the constitution of the Presbyterian Church (U.S.A.). Such 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, by

the first named of the following persons who is present thereat, to wit:

The pastor of such church or the officiating minister thereof.

2. 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 members, in good and regular

standing of such church by admission into full communion or membership

therewith, in accordance with the constitution of the Presbyterian

Church (U.S.A.). The presence of twenty per cent of such qualified

voters, at least six in number, 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 present.

3. The pastor of the church or the officiating minister thereof shall

preside at the meeting for incorporation. The presiding officer of the

meeting shall receive the votes, be the judge of the qualifications of

voters, and declare the result of the votes cast on any matter. Nothing

contained in this section, or in this chapter, shall prevent the

qualified voters at any such meeting, from choosing another person, a

qualified voter, to preside at such meeting, other than the person or

officer above designated.

4. The first business of such meeting after its organization, shall be

to determine whether such church shall be incorporated, and if so, the

name of such church, and whether its temporalities shall be managed by

the spiritual officers of such church as the trustees thereof, or

whether its temporalities shall be managed by trustees to be elected by

the church.

5. If such meeting shall determine that such church shall be

incorporated and its temporalities managed by the spiritual officers of

such church as the trustees thereof, then the meeting shall also

determine whether by virtue of their office, the board of deacons only

of such church, or the session with the board of deacons of such church,

or the session only of such church shall manage its temporalities, and

be the trustees of such corporation.

6. If such meeting shall determine that such church shall be

incorporated and its temporalities managed by trustees to be elected by

the church, it shall further determine the number of trustees of such

church, which shall not be less than three nor more than twenty-four,

and shall further 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, and such meeting shall elect from the

persons qualified to vote at such meeting, one-third of the number of

trustees so decided on who shall hold office until the first annual

election of trustees thereafter, one-third of such number of trustees to

hold office until the second annual election of trustees thereafter, and

one-third of such number of trustees to hold office until the third

annual election of trustees thereafter. The nomination and election of

trustees shall be conducted as provided in the constitution of the

Presbyterian Church (U.S.A.).

7. If any such meeting shall determine that such church shall

incorporate in pursuance of this article, the presiding officer and at

least two other persons present at such meeting, shall execute,

acknowledge and cause to be filed and recorded, as provided in this

chapter, a certificate of incorporation. Such certificate of

incorporation shall state the name of the proposed corporation; the

county and town, city or village, where its principal place of worship

is or is intended to be located; the fact that a meeting of such church

duly called decided that such church be incorporated, also the

determination of such meeting of all the matters required in this

article to be determined by such meeting, and, as the case shall be, the

names of the persons elected as trustees, and the term for which each

was elected, or the names of the spiritual officers and their offices,

who, by the determination of such meeting, are by virtue of their office

to be trustees of such corporation. On filing such certificate such

church shall be a corporation by the name stated therein, and the

officers determined upon by the meeting for incorporation and their

successors in office, by virtue of their offices, if they be spiritual

officers of such church, shall be the trustees of such corporation, or

if by said meeting it was determined that the trustees should be elected

as such, then such as were so elected by said meeting as trustees, and

their successors in office shall be the trustees of such corporation.