§ 1505 — Special requirements of incorporation

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