Legislation
SECTION 430
Ownership of property
Religious Corporations (RCO) CHAPTER 51, ARTICLE 20
§ 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.
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.