§ 206 — Termination and dissolution of churches of the General Assembly of the Christian Church (Disciples of Christ), Inc

New York § 206

• Jurisdiction: New York
• Law RCO: Religious Corporations
• Art. 10: Other Denominations

Text

§ 206. Termination and dissolution of churches of the General Assembly\nof the Christian Church (Disciples of Christ), Inc. whose churches are\nindividually known as "Christian Church (Disciples of Christ)" or\n"Church of Christ (Disciples of Christ)" and affiliated religious\nsocieties and the disposition of the real and personal property of such\nchurches and/or affiliated religious societies. 1. Any incorporated or\nunincorporated church of the "General Assembly of the Christian Church\n(Disciples of Christ), Inc." whose individual churches are known as\neither "Church of Christ (Disciples of Christ)" or "Christian Church\n(Disciples of Christ)" and any religious society or organization\naffiliated with the "General Assembly of the Christian Church (Disciples\nof Christ), Inc." or a "Christian Church (Disciples of Christ)" or\n"Church of Christ (Disciples of Christ)" desiring to disband,\ndisorganize and become extinct and if incorporated, to dissolve the\ncorporate entity, shall accomplish the above objectives by an\naffirmative vote of two-thirds of the members present and voting at a\nspecial meeting called for the specific purpose of accomplishing one or\nmore of the above objectives, namely, the extinction of the church\nand/or religious society and the disbandment of the church and/or\nreligious society and the dissolution of the corporate entity, if the\nchurch and/or religious society is incorporated.\n 2. Any incorporated or unincorporated church of the "General Assembly\nof the Christian Church (Disciples of Christ), Inc." whose affiliated\nindividual churches are known as either "Church of Christ (Disciples of\nChrist)" or "Christian Church (Disciples of Christ)" and any religious\nsociety or organization affiliated with the "General Assembly of the\nChristian Church (Disciples of Christ), Inc." or an affiliated "Church\nof Christ (Disciples of Christ)" or a "Christian Church (Disciples of\nChrist)" shall be considered extinct when such church or society has not\nheld religious services and/or conducted activities according to the\ncustoms and usages of the "General Assembly of the Christian Church\n(Disciples of Christ), Inc." of which said church or religious society\nis affiliated for a period of six consecutive months or has less than\ntwenty-five active members attending regular weekly or monthly meetings\nand making regular weekly or monthly contributions toward the support of\nsaid church or religious society.\n 3. (a) Upon such notice as the supreme court in the judicial district\nwhere the church property or the religious society property is situated,\nmay prescribe and upon application made by petition of the officers or\nthe board of trustees or five members of such church or religious\nsociety, stating fully the facts in the case and on evidence being\nfurnished, including but not limited to appropriate affidavits that the\nconditions as set forth in subdivision one or two above have been\nestablished and are currently existing, upon satisfactory proof of the\nfacts leading to said application, the court shall have jurisdiction to\ngrant an order declaring the church or society extinct and the corporate\nentity dissolved if the petitioner is a religious corporation and said\norder shall direct the transfer of both real and personal property of\nthe petitioner to the CHRISTIAN CHURCH (DISCIPLES OF CHRIST) -\nNORTHEASTERN REGION, INC. or direct that the real property and personal\nproperty be sold and that the proceeds be paid over to the CHRISTIAN\nCHURCH (DISCIPLES OF CHRIST) - NORTHEASTERN REGION, INC. after the full\npayment of all liens on the real property and of all of the outstanding\ndebts of the petitioners.\n (b) Such order shall operate to transfer the interest of such extinct\nchurch and/or religious society in such property or proceeds to the\nCHRISTIAN CHURCH (DISCIPLES OF CHRIST) - NORTHEASTERN REGION, INC.\n (c) The order shall also direct that the real property and personal\nproperty or the proceeds obtained from the sale thereof after the\npayment of all of the debts, obligations and liabilities of the\npetitioner, shall be used by the CHRISTIAN CHURCH (DISCIPLES OF CHRIST)\n- NORTHEASTERN REGION, INC. exclusively for the purpose or purposes for\nwhich the CHRISTIAN CHURCH (DISCIPLES OF CHRIST) - NORTHEASTERN REGION,\nINC. was organized and incorporated.\n 4. Nothing in this section, however, shall be construed to impair or\nin any way effect any existing claim upon or lien against any property\nso transferred or conveyed to the CHRISTIAN CHURCH (DISCIPLES OF CHRIST)\n- NORTHEASTERN REGION, INC. or any action or legal proceedings that may\nbe pending at the time of the transfer referred to herein.\n 5. (a) The use of proxy or absentee ballots shall not be used relative\nto any resolution involving matters set forth in subdivisions one and\ntwo of this section unless the use of such proxy or absentee ballots is\nauthorized in the constitution and by-laws of the church or religious\nsociety proceeding under the provisions of subdivisions one and two of\nthis section.\n (b) The relief sought in subdivisions one and two of this section must\nbe accomplished by formal action taken at a special meeting of the\ncongregation of the church or of the members of the religious society\ncalled for such purpose. (See Article 10 Section 194 - "Time, Place and\nNotice of Corporate Meetings".)\n (c) To vote at any meeting held to accomplish the purposes of\nsubdivisions one and two of this section, persons otherwise qualified to\nvote must be at least eighteen years of age.\n