2006 New York Code - Consolidation Of Incorporated Presbyteries.

 
    §  15-a.  Consolidation  of  incorporated presbyteries. 1. Two or more
  incorporated  presbyteries  may  enter  into  an   agreement   for   the
  consolidation   of  such  corporations  and  such  corporations  may  be
  consolidated so as to form a single corporation which may  be  either  a
  new corporation or one of the constitutent corporations.  Said agreement
  shall  set forth the name of the proposed new corporation or the name of
  the  existing  corporation  if  it  is  to   become   the   consolidated
  corporation,  the  method of choosing trustees, the names of the persons
  to be the first trustees of the  new  corporation  if  the  consolidated
  corporation  is to be a new corporation and the date of the first annual
  corporate meeting.
    2. Such agreement must be authorized and approved by a  majority  vote
  of  the  members  of  each  contracting presbytery taken at a meeting at
  which a quorum is present duly called in accordance  with  the  form  of
  government  of  the  Presbyterian Church (U.S.A.) and the notice of such
  meeting shall state the purpose of the meeting.
    3. Before such agreement is approved as aforesaid, such  consolidation
  must  be  directed  and  approved  by the Synod of the Northeast and the
  General Assembly of the Presbyterian Church (U.S.A.).
    4. Each presbytery shall thereafter join in a petition to the  supreme
  court  for  an  order  consolidating  the corporation, setting forth the
  agreement of the contracting presbyteries, the direction and approval of
  the bodies as set forth in subdivision three hereof, a statement of  all
  the  property  and  liabilities  and the sources of the annual income of
  each  presbytery  and  a  description  of  any  property  held  by  such
  presbyteries in trust for specific purposes. In its discretion the court
  may  direct  that notice of the hearing of such petition be given to the
  parties interested therein in such manner as it may prescribe.
    5. After hearing all the parties interested, present and  desiring  to
  be  heard,  the  court  may  make  an order for the consolidation of the
  presbyteries on the terms of such agreement and  such  other  terms  and
  conditions  as  it  may  prescribe,  specifying  the  name  of  the  new
  corporation or the name the continuing corporation will have if  one  of
  the constitutent corporations is to become the consolidated corporation,
  the first trustees thereof if a new corporation is to be created and the
  method  by  which  their  successors shall be chosen and the date of the
  first annual corporate meeting if a new corporation is to be created.
    6. When such order is made and duly entered, the persons  constituting
  such  corporate  presbyteries shall become one incorporated consolidated
  presbytery  by,  and  said   petitioning   presbyteries   shall   become
  consolidated  under,  the name designated in the order, and the trustees
  therein named, if it is a new corporation, shall be the  first  trustees
  thereof,  and  if  it is a new corporation the trustees thereof shall be
  chosen by the method therein designated, and  all  the  estate,  rights,
  powers   and   property   of  whatsoever  nature,  belonging  to  either
  corporation shall without further  act  or  deed  be  vested  in  and/or
  transferred to the new corporation as effectually as they were vested in
  or  belonging  to  the  former  corporations,  and the new or continuing
  corporations shall be liable for all the debts and  liabilities  of  the
  former  corporations  in  the  same manner and as effectually as if said
  debts or  liabilities  had  been  contracted  or  incurred  by  the  new
  corporation.
    7. The order or a certified copy thereof shall be recorded in the book
  for  recording  certificates  of  incorporation  in  each county clerk's
  office in which the certificate of  incorporation  of  each  constituent
  presbytery was recorded.
    8.  Such  consolidated  presbytery  shall  have  all  the  powers  and
  responsibilities conferred upon presbyteries  by  the  constitution  and
  form of government of the Presbyterian Church (U.S.A.).