State Codes and Statutes

Statutes > New-york > Bvo > Article-1 > 1-a

§ 1-a. Applicability  of  not-for-profit corporation law to benevolent  orders.  1.  The  not-for-profit  corporation  law  applies   to   every  corporation  heretofore or hereafter formed under this chapter, or under  any other statute or special act of this state, or under laws other than  the statutes of this state, which  has  as  its  purpose  or  among  its  purposes  a  purpose  for  which  a corporation may be formed under this  chapter, 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 benevolent  orders:  section  one  hundred  thirteen,  section  two  hundred one, article four, paragraphs (a), (b), and (c) of  section eight hundred four, section nine  hundred  seven,  section  nine  hundred  eight,  section  nine hundred nine, section ten hundred eleven,  section ten hundred twelve, and article fourteen.    (d) Section six hundred eight of the  not-for-profit  corporation  law  shall  not apply to any corporation to which this chapter applies to the  extent that the provisions of such section conflict with  any  provision  of  the  certificate  of  incorporation or of the by-laws, heretofore or  hereafter adopted, of such corporation. Action to amend the  certificate  of  incorporation  or  by-laws in relation to quorum requirements may be  taken at a special meeting of members at which the  quorum  requirements  applicable  to  the  corporation  as  of  August  thirty-first, nineteen  hundred seventy-one are fulfilled, but action may  be  taken  only  once  under this sentence.    (e)  For  the  purposes 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 sectin shall be  September  first,  nineteen  hundred  seventy-one.    2.  From  and  after  the  effective  date of this section the general  corporation law shall not apply to any corporation to which this chapter  applies.

State Codes and Statutes

Statutes > New-york > Bvo > Article-1 > 1-a

§ 1-a. Applicability  of  not-for-profit corporation law to benevolent  orders.  1.  The  not-for-profit  corporation  law  applies   to   every  corporation  heretofore or hereafter formed under this chapter, or under  any other statute or special act of this state, or under laws other than  the statutes of this state, which  has  as  its  purpose  or  among  its  purposes  a  purpose  for  which  a corporation may be formed under this  chapter, 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 benevolent  orders:  section  one  hundred  thirteen,  section  two  hundred one, article four, paragraphs (a), (b), and (c) of  section eight hundred four, section nine  hundred  seven,  section  nine  hundred  eight,  section  nine hundred nine, section ten hundred eleven,  section ten hundred twelve, and article fourteen.    (d) Section six hundred eight of the  not-for-profit  corporation  law  shall  not apply to any corporation to which this chapter applies to the  extent that the provisions of such section conflict with  any  provision  of  the  certificate  of  incorporation or of the by-laws, heretofore or  hereafter adopted, of such corporation. Action to amend the  certificate  of  incorporation  or  by-laws in relation to quorum requirements may be  taken at a special meeting of members at which the  quorum  requirements  applicable  to  the  corporation  as  of  August  thirty-first, nineteen  hundred seventy-one are fulfilled, but action may  be  taken  only  once  under this sentence.    (e)  For  the  purposes 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 sectin shall be  September  first,  nineteen  hundred  seventy-one.    2.  From  and  after  the  effective  date of this section the general  corporation law shall not apply to any corporation to which this chapter  applies.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Bvo > Article-1 > 1-a

§ 1-a. Applicability  of  not-for-profit corporation law to benevolent  orders.  1.  The  not-for-profit  corporation  law  applies   to   every  corporation  heretofore or hereafter formed under this chapter, or under  any other statute or special act of this state, or under laws other than  the statutes of this state, which  has  as  its  purpose  or  among  its  purposes  a  purpose  for  which  a corporation may be formed under this  chapter, 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 benevolent  orders:  section  one  hundred  thirteen,  section  two  hundred one, article four, paragraphs (a), (b), and (c) of  section eight hundred four, section nine  hundred  seven,  section  nine  hundred  eight,  section  nine hundred nine, section ten hundred eleven,  section ten hundred twelve, and article fourteen.    (d) Section six hundred eight of the  not-for-profit  corporation  law  shall  not apply to any corporation to which this chapter applies to the  extent that the provisions of such section conflict with  any  provision  of  the  certificate  of  incorporation or of the by-laws, heretofore or  hereafter adopted, of such corporation. Action to amend the  certificate  of  incorporation  or  by-laws in relation to quorum requirements may be  taken at a special meeting of members at which the  quorum  requirements  applicable  to  the  corporation  as  of  August  thirty-first, nineteen  hundred seventy-one are fulfilled, but action may  be  taken  only  once  under this sentence.    (e)  For  the  purposes 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 sectin shall be  September  first,  nineteen  hundred  seventy-one.    2.  From  and  after  the  effective  date of this section the general  corporation law shall not apply to any corporation to which this chapter  applies.