2006 New York Code - Property Of Extinct Assemblies Of God Churches.

 
    §   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.