2006 New York Code - Incorporation Of Unincorporated Presbyterian Churches And Decision As To System Of Incorporation And Government.

 
    §  63.  Incorporation  of  unincorporated  Presbyterian  churches  and
  decision as to system of incorporation and government.   A  meeting  for
  the purpose of incorporation of an unincorporated Presbyterian church in
  connection  with  the  Presbyterian  Church (U.S.A.), must be called and
  held in pursuance of the provisions of this article.
    1. The notice and call of such meeting shall be in writing, and  shall
  state in substance, that a meeting of such unincorporated church will be
  held  at  its usual place of worship at a specified day and hour for the
  purpose of  incorporating  such  church  and  designating  the  trustees
  thereof.  The  notice must be signed by at least six persons of full age
  who are then members in good and regular  standing  of  such  church  by
  admission  into  full  communion  or membership therewith, in accordance
  with the constitution of the Presbyterian Church (U.S.A.).  Such  notice
  shall  be  publicly  read  at  each  of  the  two next preceding regular
  meetings of such unincorporated church for public worship, at least  one
  week  apart,  at  morning service, if such service be held on Sunday, by
  the first named of the following persons who is present thereat, to wit:
  The pastor of such church or the officiating minister thereof.
    2. At the meeting for incorporation held in pursuance of such  notice,
  the following persons, and no others, shall be qualified voters, to wit:
  All  persons  of  full  age,  who  are then members, in good and regular
  standing of such church by admission into full communion  or  membership
  therewith,  in  accordance  with  the  constitution  of the Presbyterian
  Church (U.S.A.). The presence of  twenty  per  cent  of  such  qualified
  voters,  at  least  six  in  number,  shall be necessary to constitute a
  quorum of such meeting. The action of the meeting  upon  any  matter  or
  question shall be decided by a majority of the qualified voters present.
    3.  The pastor of the church or the officiating minister thereof shall
  preside at the meeting for incorporation. The presiding officer  of  the
  meeting  shall  receive the votes, be the judge of the qualifications of
  voters, and declare the result of the votes cast on any matter.  Nothing
  contained in this  section,  or  in  this  chapter,  shall  prevent  the
  qualified  voters  at  any such meeting, from choosing another person, a
  qualified voter, to preside at such meeting, other than  the  person  or
  officer above designated.
    4. The first business of such meeting after its organization, shall be
  to  determine  whether such church shall be incorporated, and if so, the
  name of such church, and whether its temporalities shall be  managed  by
  the  spiritual  officers  of  such  church  as  the trustees thereof, or
  whether its temporalities shall be managed by trustees to be elected  by
  the church.
    5.  If  such  meeting  shall  determine  that  such  church  shall  be
  incorporated and its temporalities managed by the spiritual officers  of
  such  church  as  the  trustees  thereof,  then  the  meeting shall also
  determine whether by virtue of their office, the board of  deacons  only
  of such church, or the session with the board of deacons of such church,
  or  the  session only of such church shall manage its temporalities, and
  be the trustees of such corporation.
    6.  If  such  meeting  shall  determine  that  such  church  shall  be
  incorporated  and its temporalities managed by trustees to be elected by
  the church, it shall further determine the number of  trustees  of  such
  church,  which  shall  not be less than three nor more than twenty-four,
  and shall further determine  the  date  not  more  than  fifteen  months
  thereafter  on  which  the first annual election of the trustees thereof
  after such meeting shall be held, and such meeting shall elect from  the
  persons  qualified  to  vote at such meeting, one-third of the number of
  trustees so decided on who shall hold  office  until  the  first  annual
  election of trustees thereafter, one-third of such number of trustees to
  hold office until the second annual election of trustees thereafter, and
  one-third  of  such  number  of  trustees to hold office until the third
  annual election of trustees thereafter. The nomination and  election  of
  trustees  shall  be  conducted  as  provided  in the constitution of the
  Presbyterian Church (U.S.A.).
    7. If  any  such  meeting  shall  determine  that  such  church  shall
  incorporate  in  pursuance of this article, the presiding officer and at
  least  two  other  persons  present  at  such  meeting,  shall  execute,
  acknowledge  and  cause  to  be  filed and recorded, as provided in this
  chapter,  a  certificate   of   incorporation.   Such   certificate   of
  incorporation  shall  state  the  name  of the proposed corporation; the
  county and town, city or village, where its principal place  of  worship
  is  or is intended to be located; the fact that a meeting of such church
  duly  called  decided  that  such  church  be  incorporated,  also   the
  determination  of  such  meeting  of  all  the  matters required in this
  article to be determined by such meeting, and, as the case shall be, the
  names of the persons elected as trustees, and the term  for  which  each
  was  elected,  or the names of the spiritual officers and their offices,
  who, by the determination of such meeting, are by virtue of their office
  to be trustees of such corporation.  On  filing  such  certificate  such
  church  shall  be  a  corporation  by  the  name stated therein, and the
  officers determined upon by the  meeting  for  incorporation  and  their
  successors  in  office, by virtue of their offices, if they be spiritual
  officers of such church, shall be the trustees of such  corporation,  or
  if by said meeting it was determined that the trustees should be elected
  as  such,  then such as were so elected by said meeting as trustees, and
  their successors in office shall be the trustees of such corporation.