N.Y.
Religious Corporations Law Section 225-N
Corporations for acquiring property for special religious purposes
1.
An annual conference, a district quarterly conference, a circuit consisting of two or more organized churches or any other regularly organized free Methodist body may incorporate for the purpose of carrying on special religious enterprises. Notice of such intention shall be signed by at least six members of such organized body of full age and mailed to all the churches existing under the jurisdiction of or directly interested in said organized body at least ten days before the date set for such incorporation. If the meeting so called shall decide to incorporate, it shall also decide upon the name of the proposed corporation and the number of trustees thereof, which shall be three or some multiple of three not more than twenty-one. One-third of said trustees shall hold office for three years, one-third for two years, and one-third for one year. All trustees of such corporation shall hold office until their successors are elected, and always at least two-thirds of said trustees shall be members in full connection of the free Methodist church, in good and regular standing.2.
The presiding officer and at least two other persons present and voting thereat shall be appointed by such meeting to execute and acknowledge a certificate of incorporation whereby they shall agree to be governed by the discipline, rules and usages of the Free Methodist Church of North America.3.
The trustees of such a corporation shall thereafter be elected annually at a regular meeting, notice of which shall have been mailed by the secretary, or some other officer of the board of trustees, to all the churches existing under the jurisdiction of or directly interested in said corporation at least ten days before the date set for said meeting.4.
All members of and regular voters in such an organized and incorporated free Methodist body shall be entitled to vote for trustees, providing they are in good and regular standing in that organization.5.
Such an incorporated free Methodist body may acquire property for churches, parsonages, missions, Sunday schools, denominational educational institutions (subject to the consent of the University of New York), residences of church workers, dispensaries of medicine for the poor, rescue homes, homes for the aged or for needy and orphan children, property for cemeteries, camp grounds or for other religious purposes. Such a corporation shall have power to establish, maintain and manage by its trustees or other officers such institutions as a part of its religious purpose, and may take and hold by conveyance, donation, bequest or devise real and personal property for such purposes, and may purchase and may erect suitable buildings therefor. Any such corporation may take and hold any grant, donation, bequest or devise of real or personal property heretofore or hereafter made upon trust, and apply the same, or the income thereof, under the direction of its trustees or other officers. Such trustees or other officers shall have power to mortgage or sell and convey any property under their care, when directed so to do by the corporation that elected them, having first secured the approval of the district superintendent of the district in which the property is located and obtained leave of the supreme or county court therefor pursuant to the provisions of this chapter; provided that in all cases the proceeds of such sale or mortgage shall be used either for the payment of debts or for the purchase or improvement of property for the same uses and deeded to the same corporation; or if not used, shall be held subject to the order of the annual conference in whose territory such property may be situated. Provided, however, that if the deed of the property to be sold conveys the property to the local corporation to be held in trust for the use and benefit of the membership of the Free Methodist Church of North America incorporated under the name of “Free Methodist General Conference of North America,” it shall also be necessary to secure the consent of the Free Methodist General Conference of North America, or in the intervals of its sessions, of such person or persons as are authorized by said general conference to grant such permission, in order to mortgage or sell and convey such property.6.
Vacancies occurring in the board of trustees of any such corporation holding property for special religious purposes, during the intervals between its regular meetings, may be filled by the remaining trustees until the next regular meeting of said corporation, at which meeting the vacancy shall be filled for the unexpired term.7.
In case any such corporation holding property for religious purposes shall have failed to function, in the purposes for which it was incorporated, for two consecutive years next prior thereto, the governing free Methodist body having ecclesiastical jurisdiction over it may declare such corporation extinct, and taking possession of its property manage or dispose of the same according to the provisions made for extinct churches in § 225-M (Property of extinct churches)section two hundred and twenty-five-m of this article.8.
Such corporations for special religious purposes shall be governed in all respects not provided for in this section according to the other provisions of this article.
Source:
Section 225-N — Corporations for acquiring property for special religious purposes, https://www.nysenate.gov/legislation/laws/RCO/225-N (updated Jun. 23, 2017; accessed Oct. 26, 2024).
