Legislation
SECTION 426
Certificate of incorporation
Religious Corporations (RCO) CHAPTER 51, ARTICLE 20
§ 426. Certificate of incorporation. 1. If at the meeting for
incorporation it shall be decided that such unincorporated church shall
become incorporated, the presiding officer of such meeting and the two
inspectors of election shall execute and acknowledge a certificate of
incorporation, in which shall be stated the name or title by which such
body shall be known in the law; the purpose of its organization; the
names and addresses of the trustees elected thereat and the terms of
office for which they were respectively elected; the county, town or
city in which its principal place of worship is or is intended to be
located; and a statement that the corporation shall support the doctrine
and be subject to the constitution and by-laws of and be in conformity
with the principles of the general council of the Assemblies of God and
the New York district of the Assemblies of God as from time to time
established, made and declared by the lawful authority of said general
council of the Assemblies of God and New York district of the Assemblies
of God.
2. On filing such certificate in the office of the county clerk of the
county in which such corporate body is or is intended to be located,
such church shall be a corporation by the name stated in the certificate
of incorporation; but such certificate shall not be filed, unless there
is affixed thereto the written permission of the New York district of
the Assemblies of God to incorporate, pursuant to section four hundred
twenty-two of this article.
3. The certificate of incorporation shall further contain a provision
that, in the event of dissolution of the corporation, all the remaining
assets and property of the corporation shall, after necessary expenses
thereof, be distributed to either the New York district of the
Assemblies of God, or to the general council of the Assemblies of God,
their successors and assigns, and that in the event said New York
district of the Assemblies of God or general council of the Assemblies
of God or if their successor is not in existence at the time of
dissolution, then such assets are to be distributed to such other
Assemblies of God organizations as shall qualify under section 501 (c)
(3) of the Internal Revenue Code of 1954, as amended, to be used in such
manner as in the judgment of a justice of the supreme court shall best
accomplish the general purposes for which the corporation was formed.
incorporation it shall be decided that such unincorporated church shall
become incorporated, the presiding officer of such meeting and the two
inspectors of election shall execute and acknowledge a certificate of
incorporation, in which shall be stated the name or title by which such
body shall be known in the law; the purpose of its organization; the
names and addresses of the trustees elected thereat and the terms of
office for which they were respectively elected; the county, town or
city in which its principal place of worship is or is intended to be
located; and a statement that the corporation shall support the doctrine
and be subject to the constitution and by-laws of and be in conformity
with the principles of the general council of the Assemblies of God and
the New York district of the Assemblies of God as from time to time
established, made and declared by the lawful authority of said general
council of the Assemblies of God and New York district of the Assemblies
of God.
2. On filing such certificate in the office of the county clerk of the
county in which such corporate body is or is intended to be located,
such church shall be a corporation by the name stated in the certificate
of incorporation; but such certificate shall not be filed, unless there
is affixed thereto the written permission of the New York district of
the Assemblies of God to incorporate, pursuant to section four hundred
twenty-two of this article.
3. The certificate of incorporation shall further contain a provision
that, in the event of dissolution of the corporation, all the remaining
assets and property of the corporation shall, after necessary expenses
thereof, be distributed to either the New York district of the
Assemblies of God, or to the general council of the Assemblies of God,
their successors and assigns, and that in the event said New York
district of the Assemblies of God or general council of the Assemblies
of God or if their successor is not in existence at the time of
dissolution, then such assets are to be distributed to such other
Assemblies of God organizations as shall qualify under section 501 (c)
(3) of the Internal Revenue Code of 1954, as amended, to be used in such
manner as in the judgment of a justice of the supreme court shall best
accomplish the general purposes for which the corporation was formed.