Legislation
SECTION 225-N
Corporations for acquiring property for special religious purposes
Religious Corporations (RCO) CHAPTER 51, ARTICLE 11-A
§ 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 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.
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 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.