US Laws, Codes, Statutes & Cases

 
  § 1505. Special requirements of incorporation.
    (a)    Certificate of incorporation; additional contents.  In addition
  to  the  requirements  of  section  four  hundred  two  (Certificate  of
  incorporation; contents), the certificate of incorporation of a cemetery
  corporation  shall be filed in the office of the clerk of each county in
  which any part of the cemetery is proposed to be, or is,  situated,  and
  shall  state:  (1)  each city, village or town, and county, in which any
  part of the cemetery is or is proposed to be situated; and (2)  the time
  of the annual meeting.
    (b)  Cemetery board endorsement.  Every certificate  of  incorporation
  of   a  cemetery  corporation,  except  those  within  the  exclusionary
  provisions of section fifteen hundred three, shall have endorsed thereon
  or annexed thereto the approval of the cemetery  board  as  required  in
  subdivision (e) of section four hundred four of this chapter.
    (c)    Type  of  corporation.    A  cemetery  corporation  is a Type B
  corporation under this chapter.
    (d)  Lot owners in unincorporated cemeteries may incorporate.  (1) Not
  less than three owners of lots in an unincorporated cemetery may cause a
  notice to be posted in at least six conspicuous places in the city, town
  or village in which such cemetery is located, and to be  published  once
  in  each  week  for  three  successive  weeks  in  a  newspaper, if any,
  published in such  municipality,  stating  that  at  a  time  and  place
  specified, a meeting of the lot owners will be held to determine whether
  such cemetery shall be incorporated, pursuant to this chapter.  (2)  The
  meeting shall be held at a convenient place in the city, town or village
  in  which  the  cemetery  is located, not less that twenty-five nor more
  than thirty days after the first posting and publication of  the  notice
  of  the  meeting.   At such meeting every lot owner shall be entitled to
  one vote in person or by proxy for each lot owned by him.   The  persons
  entitled  to vote at such meeting shall select a chairman and secretary,
  and determine by ballot whether or not the lot owners shall  incorporate
  pursuant  to  this  chapter.   (3)   If a majority of the ballots are in
  favor of incorporation, the persons entitled to  vote  at  such  meeting
  shall  select three lot owners to incorporate and the provisions of this
  chapter shall be applicable, except that three persons may  incorporate,
  and  the  corporation  shall  not  be  required  to have more than three
  directors.  Upon such incorporation, the lot owners shall be members  of
  the  corporation, and it shall be vested with the title to such cemetery
  and the personal property appertaining thereto.   If the  title  to  the
  cemetery has prior to such incorporation vested in the town, pursuant to
  section  two  hundred  and  ninety-one of the town law of section one of
  title seven of chapter eleven of part one of the  revised  statute,  the
  supervisor  of  such  town  shall  on  request  of the directors of such
  corporation, execute to it a deed of such cemetery lands  releasing  all
  interest  of  the town therein, and thereafter the title shall be vested
  in the corporation.