2013 New York Consolidated Laws
RCO - Religious Corporations
Article 1 - (1 - 2-B) SHORT TITLE AND DEFINITIONS
2-B - Applicability of not-for-profit corporation law.

 
    §  2-b.  Applicability  of  not-for-profit  corporation  law.  1.  The
  not-for-profit corporation law applies to  every  corporation  to  which
  this chapter applies, provided that:
    (a)  If  any provision of the not-for-profit corporation law conflicts
  with any provision of this chapter, the provision of this chapter  shall
  prevail  and the conflicting provision of the not-for-profit corporation
  law shall not apply in such case.  If  any  provision  of  this  chapter
  relates  to  a matter embraced in the not-for-profit corporation law but
  is not in conflict therewith, both provisions shall apply.
    (b) A corporation to which the not-for-profit corporation law is  made
  applicable  by  this  section  shall  be  treated  as  a  "corporation",
  "domestic corporation", or "foreign corporation" as such terms are  used
  in  the  not-for-profit  corporation  law,  except that the purposes for
  which any such corporation has been or may be formed under this  chapter
  shall not thereby be extended.
    (c)  The  following  provisions  of the not-for-profit corporation law
  shall not apply to religious corporations: subparagraphs (7) and (8)  of
  paragraph  (a)  of  section  one  hundred  twelve,  section  one hundred
  thirteen, section one hundred fourteen, section two hundred one, section
  three hundred three, section three hundred four, section  three  hundred
  five,  section  three  hundred  six,  article  four  except section four
  hundred one, section five hundred fourteen, that portion of section five
  hundred fifty-five (b) and section five  hundred  fifty-five  (c)  which
  reads  "The  institution  shall  notify the donor, if available, and the
  attorney general of the application, and the attorney general  and  such
  donor  must  be  given  an opportunity to be heard", section six hundred
  five, section six hundred seven, section six hundred nine, section eight
  hundred four, article nine except section nine hundred ten, article  ten
  except  as  provided  in  section eleven hundred fifteen, section eleven
  hundred two, and article fifteen except paragraph (c) of section fifteen
  hundred seven.
    (d) Any  reference  in  the  not-for-profit  corporation  law  to  the
  delivery  of  any  certificate  or other instrument to the department of
  state for filing refers to the filing or recording thereof in the office
  of the clerk of the county in which the corporation  has  its  principal
  office or place of worship or otherwise as provided in this chapter.
    (d-1)   Notwithstanding   any   provision   of  this  chapter  or  the
  not-for-profit corporation law, any church referred  to  in  subdivision
  two, three, four, five, five-a, five-b, five-c, or six of section twelve
  of  this  chapter  shall  not be required to give notice to the attorney
  general of any application required by subdivision one of section twelve
  of this chapter or any application or petition  required  under  section
  five  hundred  ten  or section five hundred eleven of the not-for-profit
  corporation law.
    (e) No action shall be taken by the trustees of an incorporated  Roman
  Catholic  church, or of a Ruthenian Greek Catholic church, under section
  five hundred fifty-five of the not-for-profit corporation  law  (Release
  or  modification  of restrictions on management, investment, or purpose)
  without the consent of the archbishop or bishop of the diocese to  which
  such  church  belongs  or  in case of their absence or inability to act,
  without the consent of  the  vicar  general  or  administrator  of  such
  diocese.
    2.  Every  corporation  to which the not-for-profit corporation law is
  made applicable by this section is a type B corporation for all purposes
  of that law.
    3. From and after the effective  date  of  this  section  the  general
  corporation law shall not apply to any corporation to which this chapter
  applies.

    4.  For  the purpose of this section and elsewhere in this chapter the
  effective date of the not-for-profit corporation law as to  corporations
  to  which  the not-for-profit corporation law is made applicable by this
  section shall be September first, nineteen hundred seventy-two.