§ 430 — Ownership of property

New York § 430

• Jurisdiction: New York
• Law RCO: Religious Corporations
• Art. 20: Assemblies of God Churches

Text

§ 430. Ownership of property. 1. The trustees of every such\nincorporated or reincorporated church shall have the custody and control\nof all the temporalities and property, real and personal, belonging to\nthe corporation and the revenues therefrom, and shall administer the\nsame strictly in accordance with the by-laws of the corporation and the\nrules, regulations and usages of the New York district of the Assemblies\nof God.\n 2. The certificate of incorporation or reincorporation under this\narticle shall contain the following provisions:\n (a) That in the event that any church shall make a final decision to\nsever its affiliation with the general council of the Assemblies of God,\nthe trustees shall be deemed to hold title and retain ownership of all\ncorporate property, both real and personal, for the use and benefit of\nany members whose teaching and practice is in accord with the articles\nand tenets of faith set forth in the constitution of the general council\nof the Assemblies of God, as from time to time amended; or\n (b) That in the event that any church shall make a final decision to\nsever its affiliation with the general council of the Assemblies of God,\nthe trustees shall be deemed to hold title and retain ownership of all\ncorporate property, both real and personal, for the use and benefit of\nthe majority of its membership.\n 3. Any church incorporated or reincorporated under this article shall\nprovide in its certificate of incorporation or reincorporation, that\nprior to any final decision by the church to sever its affiliation with\nthe general council of the Assemblies of God, the pastor and/or the\nchurch council shall invite the officiary of the New York district of\nthe Assemblies of God or its successor, to participate in a specially\ncalled business meeting for the express purpose of giving the district\nofficiary the opportunity to present the case for continued general\ncouncil affiliation.\n 4. In the event that members of a body incorporated or reincorporated\nunder this article shall commence or advocate a doctrinal teaching or a\nreligious or social activity which contravenes the accepted teaching and\npractices of the general council of the Assemblies of God, and should\nserious and apparently irreconcilable differences within the local body\nresult therefrom, and if the local corporate body is unable to resolve\nthe dispute, and there is need to determine which faction of such\ndispute is in accord with the provisions of the constitution of the\ngeneral council, either side of the dispute may appeal in writing to the\nsuperintendent of the New York district of the Assemblies of God, or its\nsuccessor. Upon receipt of such appeal, or by invitation of the pastor\nand/or the church council, in accordance with the general council\nconstitution and by-laws provisions, the district superintendent shall\nform a board of arbiters consisting of five in number and serve as\nchairman of such board. The board of arbiters shall consist of one\nrepresentative chosen by each side of the dispute and two\nrepresentatives of the presbytery. A fifth member shall be a neutral\npastor appointed by the district superintendent and approved by the\nother four members of the board of arbiters. The chairman is not to have\na vote on the board of arbiters. The first duty of the board shall be to\neffect a reconciliation of the dispute. If such reconciliation cannot\nbe effected, the board shall proceed to make a determination concerning\nthe appeal, and issue a written resolution thereon. Such resolution\nshall be by majority vote of the board. The decision of the board of\narbiters shall be final subject only to the right of appeal afforded by\nthe general council by-laws right of appeal. Enforcement and fulfillment\nof such decision shall rest with the district presbyters.\n 5. The trustees of the church shall not purchase, sell, mortgage, or\nlease for a term exceeding five years any of its real property without\nthe approval of a majority of its members present and voting at a duly\ncalled business meeting.\n