N.Y.
Benevolent Orders Law Section 5
Powers of trustees
1.
Such trustees shall have the care, management and control of all the temporalities and property of the lodge, chapter, commandery, consistory, council, temple, grotto, post, tribe, tent, nest, camp, encampment or canton, or Degree of Pocahontas council, and they shall not sell, convey, mortgage or dispose of any property except by and under its direction, duly had or given at a regular or stated communication, convocation, encampment or meeting thereof, according to its constitution and general regulations. They shall at all times obey and abide by the directions, orders and resolutions of such lodge, chapter, commandery, consistory, council, temple, grotto, post, tribe, tent, nest, camp, encampment or canton, or Degree of Pocahontas council, duly passed at any regular or stated communication, convocation, encampment or meeting thereof not in conflict with the constitution and laws of this state or of the grand body to which it shall be subordinate, or of such lodge, chapter, commandery, consistory, council, temple, grotto, post, tribe, tent, nest, camp, encampment or canton, or Degree of Pocahontas council.2.
If a lodge of Free and Accepted Masons or a chapter of Royal Arch Masons, surrender its warrant to the grand body to which it is subordinate or is expelled or becomes extinct, according to the general rules or regulations of such body, the trustees then in office shall, out of the property belonging to such lodge or chapter, satisfy all just debts due from it and transfer the residue of its property to the “trustees of the masonic hall and asylum fund,” a corporation created by chapter two hundred seventy-two of the laws of eighteen hundred sixty-four, entitled “An act to incorporate the trustees of the masonic hall and asylum fund,” and unless reclaimed by such lodge or chapter within three years from such transfer, in accordance with the constitution and general regulations of such grand body, the same, with the avails or increase thereof, shall be applied by the “trustees of the masonic hall and asylum fund” to the benevolent purposes for which such trustees were created in and by such act.3.
If a lodge of Odd Fellows, duly chartered by and installed according to the general rules and regulations of the Grand Lodge of the Independent Order of Odd Fellows of the state of New York, surrender its charter to the grand lodge to which it is subordinate or is expelled or becomes extinct, according to the general rules or regulations of such grand lodge, trustees appointed by the Grand Master shall, out of the property belonging to such lodge, satisfy all just debts due from it and transfer the residue of its property to the Grand Lodge of the Independent Order of Odd Fellows of the state of New York, and unless reclaimed by such lodge within three years from such transfer, in accordance with the constitution, by-laws, rules and regulations of such grand lodge, the same, with the avails or increase thereof shall become the property of the grand lodge.4.
If a lodge of Knights of Pythias, duly chartered according to the constitution, statutes and rules and regulations of the Grand Lodge Knights of Pythias, of the state of New York, surrenders its charter to said Grand Lodge to which it is subordinate, or whose charter is vacated by said Grand Lodge, or if such lodge becomes extinct, according to the constitution, statutes and rules and regulations of said Grand Lodge, one or more trustees appointed by the Grand Chancellor shall, out of the real, personal or mixed property belonging to such lodge, satisfy all just debts due from it, and transfer the residue of its property to the Grand Lodge Knights of Pythias, of the state of New York, and, unless reclaimed by such lodge within five years from the time when its charter was or is surrendered or vacated, or from the time when it became or becomes extinct, and in accordance with the constitution, statutes, rules and regulations of said Grand Lodge, the same, with the avails or increase thereof, shall automatically, and without further action being required, become the property of said Grand Lodge, whenever such surrender, vacating or extinction occurred, even if prior to the date when this subdivision became effective; and the provisions hereof as to the transfer of said property to said Grand Lodge shall apply to such surrender or vacating of the charter of such lodge, or its becoming extinct, prior to the effective date of this subdivision, if the property thereof has not been reclaimed.5.
If a lodge of the Benevolent and Protective Order of Elks, duly chartered according to the constitution, statutes, rules and regulations of the Grand Lodge of the Benevolent and Protective Order of Elks, surrenders its charter to said Grand Lodge to which it is subordinate, or whose charter is vacated by said Grand Lodge, or if such lodge becomes extinct, according to the constitution, statutes, rules and regulations of said Grand Lodge, trustees appointed by the Grand Exalted Ruler shall receive, hold, conserve, manage or sell the lodge property, both real and personal, satisfy all just debts of the lodge, and retain and invest the net proceeds therefrom, in trust, until such time as said lodge may be reinstated or a new charter be granted in the same jurisdiction, except that the Grand Exalted Ruler shall direct that the remaining trust assets be conveyed to a tax exempt charitable organization of the State Association or, if there is no such tax exempt charitable organization, to the Grand Lodge Emergency Charity Fund if he shall determine, after ten years from the creation of the trust, that the lodge in question is not going to be reinstated or a new charter be granted in the same jurisdiction.6.
If a lodge of Moose International, Inc., duly chartered according to the constitution and bylaws of Moose International, Inc., surrenders or suffers revocation of its charter to Moose International, Inc., to which it is subordinate, or if such lodge becomes extinct, according to the constitution and bylaws of Moose International, Inc., the paraphernalia, supplies, property, cash and other assets remaining after payment of all indebtedness of the lodge shall be transferred to Moose International, which shall hold, conserve, manage or sell the property of lodge, both real and personal, and invest the net proceeds therefrom in a defunct lodge account, in the name of Moose International, Inc.
Source:
Section 5 — Powers of trustees, https://www.nysenate.gov/legislation/laws/BVO/5 (updated Sep. 22, 2014; accessed Oct. 26, 2024).
