N.Y.
Religious Corporations Law Section 430
Ownership of property
1.
The trustees of every such incorporated or reincorporated church shall have the custody and control of all the temporalities and property, real and personal, belonging to the corporation and the revenues therefrom, and shall administer the same strictly in accordance with the by-laws of the corporation and the rules, regulations and usages of the New York district of the Assemblies of God.2.
The certificate of incorporation or reincorporation under this article shall contain the following provisions:(a)
That in the event that any church shall make a final decision to sever its affiliation with the general council of the Assemblies of God, the trustees shall be deemed to hold title and retain ownership of all corporate property, both real and personal, for the use and benefit of any members whose teaching and practice is in accord with the articles and tenets of faith set forth in the constitution of the general council of the Assemblies of God, as from time to time amended; or(b)
That in the event that any church shall make a final decision to sever its affiliation with the general council of the Assemblies of God, the trustees shall be deemed to hold title and retain ownership of all corporate property, both real and personal, for the use and benefit of the majority of its membership.3.
Any church incorporated or reincorporated under this article shall provide in its certificate of incorporation or reincorporation, that prior to any final decision by the church to sever its affiliation with the general council of the Assemblies of God, the pastor and/or the church council shall invite the officiary of the New York district of the Assemblies of God or its successor, to participate in a specially called business meeting for the express purpose of giving the district officiary the opportunity to present the case for continued general council affiliation.4.
In the event that members of a body incorporated or reincorporated under this article shall commence or advocate a doctrinal teaching or a religious or social activity which contravenes the accepted teaching and practices of the general council of the Assemblies of God, and should serious and apparently irreconcilable differences within the local body result therefrom, and if the local corporate body is unable to resolve the dispute, and there is need to determine which faction of such dispute is in accord with the provisions of the constitution of the general council, either side of the dispute may appeal in writing to the superintendent of the New York district of the Assemblies of God, or its successor. Upon receipt of such appeal, or by invitation of the pastor and/or the church council, in accordance with the general council constitution and by-laws provisions, the district superintendent shall form a board of arbiters consisting of five in number and serve as chairman of such board. The board of arbiters shall consist of one representative chosen by each side of the dispute and two representatives of the presbytery. A fifth member shall be a neutral pastor appointed by the district superintendent and approved by the other four members of the board of arbiters. The chairman is not to have a vote on the board of arbiters. The first duty of the board shall be to effect a reconciliation of the dispute. If such reconciliation cannot be effected, the board shall proceed to make a determination concerning the appeal, and issue a written resolution thereon. Such resolution shall be by majority vote of the board. The decision of the board of arbiters shall be final subject only to the right of appeal afforded by the general council by-laws right of appeal. Enforcement and fulfillment of such decision shall rest with the district presbyters.5.
The trustees of the church shall not purchase, sell, mortgage, or lease for a term exceeding five years any of its real property without the approval of a majority of its members present and voting at a duly called business meeting.
Source:
Section 430 — Ownership of property, https://www.nysenate.gov/legislation/laws/RCO/430 (updated Sep. 22, 2014; accessed Oct. 26, 2024).
