N.Y. Religious Corporations Law Section 339
The meeting for incorporation


1.

At the meeting for incorporation, held in pursuance of such notice, the qualified voters, until otherwise decided as hereinafter provided, shall be all persons of full age, who are then members in good and regular standing of such congregation by admission into full communion and membership therewith, in accordance with the rules and regulations thereof, and of the governing ecclesiastical body of the Byelorussian Autocephalic Orthodox Church.

2.

At such meeting, the presence of a majority of such qualified voters, at least six in number, shall be necessary to constitute a quorum and all matters or questions shall be decided by a majority of the qualified voters voting thereon.

3.

The meeting shall be called to order by the first named of the following persons who is present thereat, to wit: The minister in charge of such congregation, or the officiating minister thereat, or one of the persons qualified to sign the notice of the meeting for incorporation in the order of their age beginning with the oldest.

4.

There shall be elected at such meeting from the qualified voters there present, a presiding officer, a clerk to keep the record of the proceedings of the meeting and two inspectors of election to receive the ballots cast. The presiding officer and the inspector shall decide the result of the ballots cast on any matter and shall be the judges of the qualifications of the voters, subject to appeal to the vote of the members present whose qualifications as voters are not challenged.

5.

If the meeting shall decide that such congregation shall become an incorporated church, the meeting shall also decide upon the name of the proposed corporation, the number of laymen trustees thereof, which shall be a multiple of three, and the date, not more than fifteen months thereafter, on which the first annual election of the laymen trustees thereof shall be held, and shall decide also whether those who, from the time of the formation of such congregation or during the year preceding the meeting for incorporation, have statedly worshipped with such congregation and have regularly contributed to the financial support thereof, shall be qualified voters at such meeting for incorporation, and that those who during the year preceding the subsequent corporate meetings of the church shall have statedly worshipped with such church and shall have regularly contributed to the financial support thereof, shall be qualified voters at such corporate meetings.

6.

Such meetings shall thereupon elect by ballot from the persons qualified to vote thereat one-third of the number of trustees so decided on, who shall hold office until the first annual election of trustees thereafter, and one-third of such number of trustees who shall hold office until the second annual election for trustees thereafter, and one-third of such number of trustees who shall hold office until the third annual election thereafter, or until the respective successors of such trustees shall be elected.

7.

Such meeting shall also elect by ballot a clerk of the corporation, who shall hold office until the close of the next annual meeting.

Source: Section 339 — The meeting for incorporation, https://www.­nysenate.­gov/legislation/laws/RCO/339 (updated Sep. 22, 2014; accessed Jul. 13, 2024).

Accessed:
Jul. 13, 2024

Last modified:
Sep. 22, 2014

§ 339’s source at nysenate​.gov

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