§ 2-B — Applicability of not-for-profit corporation law

§ 2-b. Applicability of not-for-profit corporation law. 1. The\nnot-for-profit corporation law applies to every corporation to which\nthis chapter applies, provided that:\n (a) If any provision of the not-for-profit corporation law conflicts\nwith any provision of this chapter, the provision of this chapter shall\nprevail and the conflicting provision of the not-for-profit corporation\nlaw shall not apply in such case. If any provision of this chapter\nrelates to a matter embraced in the not-for-profit corporation law but\nis not in conflict therewith, both provisions shall apply.\n (b) A corporation to which the not-for-profit corporation law is made\napplicable by this section shall be treated as a "corporation",\n"domestic corporation", or "foreign corporation" as such terms are used\nin the not-for-profit corporation law, except that the purposes for\nwhich any such corporation has been or may be formed under this chapter\nshall not thereby be extended.\n (c) The following provisions of the not-for-profit corporation law\nshall not apply to religious corporations: subparagraphs (7) and (8) of\nparagraph (a) of section one hundred twelve, section one hundred\nfourteen, section two hundred one, section three hundred three, section\nthree hundred four, section three hundred five, section three hundred\nsix, article four except section four hundred one, section five hundred\nfourteen, that portion of section five hundred fifty-five (b) and\nsection five hundred fifty-five (c) which reads "The institution shall\nnotify the donor, if available, and the attorney general of the\napplication, and the attorney general and such donor must be given an\nopportunity to be heard", section six hundred five, section six hundred\nseven, section six hundred nine, section eight hundred four, article\nnine except section nine hundred ten, article ten except as provided in\nsection eleven hundred fifteen, section eleven hundred two, and article\nfifteen except paragraph (c) of section fifteen hundred seven.\n (d) Any reference in the not-for-profit corporation law to the\ndelivery of any certificate or other instrument to the department of\nstate for filing refers to the filing or recording thereof in the office\nof the clerk of the county in which the corporation has its principal\noffice or place of worship or otherwise as provided in this chapter.\n (d-1) Notwithstanding any provision of this chapter or the\nnot-for-profit corporation law, any church referred to in subdivision\ntwo, three, four, five, five-a, five-b, five-c, five-d or six of section\ntwelve of this chapter shall not be required to give notice to the\nattorney general of any application required by subdivision one of\nsection twelve of this chapter or any application or petition required\nunder section five hundred ten or section five hundred eleven of the\nnot-for-profit corporation law.\n (e) No action shall be taken by the trustees of an incorporated Roman\nCatholic church, or of a Ruthenian Greek Catholic church, under section\nfive hundred fifty-five of the not-for-profit corporation law (Release\nor modification of restrictions on management, investment, or purpose)\nwithout the consent of the archbishop or bishop of the diocese to which\nsuch church belongs or in case of their absence or inability to act,\nwithout the consent of the vicar general or administrator of such\ndiocese.\n 2. Every corporation to which the not-for-profit corporation law is\nmade applicable by this section is a charitable corporation as defined\nin paragraph (a) of section one hundred two (Definitions) of the\nnot-for-profit corporation law for all purposes of that law.\n 3. From and after the effective date of this section the general\ncorporation law shall not apply to any corporation to which this chapter\napplies.\n 4. For the purpose of this section and elsewhere in this chapter the\neffective date of the not-for-profit corporation law as to corporations\nto which the not-for-profit corporation law is made applicable by this\nsection shall be September first, nineteen hundred seventy-two.\n