Section 2-B. Applicability of not-for-profit corporation law


Latest version.
  • 1.  The
      not-for-profit corporation law applies to  every  corporation  to  which
      this chapter applies, 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 religious corporations: subparagraphs (7) and (8)  of
      paragraph  (a)  of  section  one  hundred  twelve,  section  one hundred
      thirteen, section one hundred fourteen, section two hundred one, section
      three hundred three, section three hundred four, section  three  hundred
      five,  section  three  hundred  six,  article  four  except section four
      hundred one, section five hundred fourteen, that portion of section five
      hundred twenty-two (b)  which  reads  "The  attorney  general  shall  be
      notified  of  the  application  and  shall be given an opportunity to be
      heard", section six hundred five, section six hundred seven, section six
      hundred nine, section eight hundred four, article  nine  except  section
      nine  hundred  ten,  article  ten  except  as provided in section eleven
      hundred fifteen, section eleven hundred two, and article fifteen  except
      paragraph (c) of section fifteen hundred seven.
        (d)  Any  reference  in  the  not-for-profit  corporation  law  to the
      delivery of any certificate or other instrument  to  the  department  of
      state for filing refers to the filing or recording thereof in the office
      of  the  clerk  of the county in which the corporation has its principal
      office or place of worship or otherwise as provided in this chapter.
        (d-1)  Notwithstanding  any  provision  of   this   chapter   or   the
      not-for-profit  corporation  law,  any church referred to in subdivision
      two, three, four, five, five-a, five-b, five-c, or six of section twelve
      of this chapter shall not be required to give  notice  to  the  attorney
      general of any application required by subdivision one of section twelve
      of  this  chapter  or any application or petition required under section
      five hundred ten or section five hundred eleven  of  the  not-for-profit
      corporation law.
        (e)  No action shall be taken by the trustees of an incorporated Roman
      Catholic church, or of a Ruthenian Greek Catholic church, under  section
      five  hundred  twenty-two of the not-for-profit corporation law (Release
      of restrictions on  use  or  investment)  without  the  consent  of  the
      archbishop  or  bishop of the diocese to which such church belongs or in
      case of their absence or inability to act, without the  consent  of  the
      vicar general or administrator of such diocese.
        2.  Every  corporation  to which the not-for-profit corporation law is
      made applicable by this section is a type B corporation for all purposes
      of that law.
        3. From and after the effective  date  of  this  section  the  general
      corporation law shall not apply to any corporation to which this chapter
      applies.
        4.  For  the purpose 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
      section shall be September first, nineteen hundred seventy-two.