New York General And Special Powers.
Code Resources
New York Resources
New York Website
New York Governor
New York Legislature
New York Courts
Search this Code
in Google Scholar
on the Web
Google Web Search
MSN Web Search
Yahoo! Web Search
in the News
Google News Search
Google News Archive Search
Yahoo! News Search
in the Blogs
BlawgSearch.com Search
Google Blog Search
Technorati Blog Search
in other Databases
Google Book Search
§ 202. General and special powers.
(a) Each corporation, subject to any limitations provided in this
chapter or any other statute of this state or its certificate of
incorporation, shall have power in furtherance of its corporate
purposes:
(1) To have perpetual duration.
(2) To sue and be sued in all courts and to participate in actions and
proceedings, whether judicial, administrative, arbitrative or otherwise,
in like cases as natural persons.
(3) To have a corporate seal, and to alter such seal at pleasure, and
to use it by causing it or a facsimile to be affixed or impressed or
reproduced in any other manner.
(4) To purchase, receive, take by grant, gift, devise, bequest or
otherwise, lease, or otherwise acquire, own, hold, improve, employ, use
and otherwise deal in and with, real or personal property, or any
interest therein, wherever situated.
(5) To sell, convey, lease, exchange, transfer or otherwise dispose
of, or mortgage or pledge, or create a security interest in, all or any
of its property, or any interest therein, wherever situated.
(6) To purchase, take, receive, subscribe for, or otherwise acquire,
own, hold, vote, employ, sell, lend, lease, exchange, transfer, or
otherwise dispose of, mortgage, pledge, use and otherwise deal in and
with, bonds and other obligations, shares, or other securities or
interests issued by others, whether engaged in similar or different
business, governmental, or other activities.
(7) To make capital contributions or subventions to other
not-for-profit corporations.
(8) To accept subventions from other persons or any unit of
government.
(9) To make contracts, give guarantees and incur liabilities, borrow
money at such rates of interest as the corporation may determine, issue
its notes, bonds and other obligations, and secure any of its
obligations by mortgage or pledge of all or any of its property or any
interest therein, wherever situated.
(10) To lend money, invest and reinvest its funds, and take and hold
real and personal property as security for the payment of funds so
loaned or invested.
(11) To conduct the activities of the corporation and have offices and
exercise the powers granted by this chapter in any jurisdiction within
or without the United States.
(12) To elect or appoint officers, employees and other agents of the
corporation, define their duties, fix their reasonable compensation and
the reasonable compensation of directors, and to indemnify corporate
personnel. Such compensation shall be commensurate with services
performed.
(13) To adopt, amend or repeal by-laws, including emergency by-laws
made pursuant to subdivision seventeen of section twelve of the state
defense emergency act, relating to the activities of the corporation,
the conduct of its affairs, its rights or powers or the rights or powers
of its members, directors or officers.
(14) To make donations, irrespective of corporate benefit, for the
public welfare or for community fund, hospital, charitable, educational,
scientific, civic or similar purposes, and in time of war or other
national emergency in aid thereof.
(15) To be a member, associate or manager of other non-profit
activities or to the extent permitted in any other jurisdiction to be an
incorporator of other corporations, and to be a partner in a
redevelopment company formed under the private housing finance law.
(16) To have and exercise all powers necessary to effect any or all of
the purposes for which the corporation is formed.
(b) If any general or special law heretofore passed, or any
certificate of incorporation, shall limit the amount of property a
corporation may take or hold, or the yearly income from the corporate
assets or any part thereof, such corporation may take and hold property
of the value of fifty million dollars or less, or the yearly income
derived from which shall be six million dollars or less, or may receive
yearly income from such corporate assets of six million dollars or less,
notwithstanding any such limitations. In computing the value of such
property, no increase in value arising otherwise than from improvements
made thereon shall be taken into account.
(c) When any corporation shall have sold or conveyed any part of its
real property, the supreme court, notwithstanding a restriction in any
general or special law, may authorize it to purchase and hold from time
to time other real property, upon satisfactory proof that the value of
the property so purchased does not exceed the value of the property so
sold and conveyed within the three years next preceding the application.
(d) A corporation formed under general or special law to provide
parks, playgrounds or cemeteries, or buildings and grounds for camp or
grove meetings. Sunday school assemblies, cemetery purposes, temperance,
missionary, educational, scientific, musical and other meetings, subject
to the ordinances and police regulations of the county, city, town, or
village in which such parks, playgrounds, cemeteries, buildings and
grounds are situated, may appoint from time to time one or more special
policemen, with power to remove the same at pleasure. Such special
policemen shall preserve order in and about such parks, playgrounds,
cemeteries, buildings and grounds, and the approaches thereto, and to
protect the same from injury, and shall enforce the established rules
and regulations of the corporation. Every policeman so appointed shall
within fifteen days after his appointment and before entering upon the
duties of his office, take and subscribe the oath of office prescribed
in the thirteenth article of the constitution of the state of New York,
which oath shall be filed in the office of the county clerk of the
county where such grounds are situated. A policeman appointed under this
section when on duty shall wear conspicuously a metallic shield with the
name of the corporation which appointed him inscribed thereon. The
compensation of policemen appointed under this section shall be paid by
the corporation by which they are appointed.
(e) Any wilful trespass in or upon any of the parks, playgrounds,
buildings or grounds provided for the purposes mentioned in the
preceding paragraph, or upon the approaches thereto, and any wilful
injury to any of the said parks, playgrounds, buildings or grounds, or
to any trees, shrubbery, fences, fixtures or other property thereon or
pertaining thereto, and any wilful disturbance of the peace thereon by
intentional breach of the rules and regulations of the corporation, is a
misdemeanor.
(f) No corporation shall conduct activities in New York state under
any name, other than that appearing in its certificate of incorporation,
without compliance with the filing provisions of section one hundred
thirty of the general business law governing the conduct of business
under an assumed name.