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NEW YORK: New York State Consolidated Laws S 90. Incorporation of Roman Catholic churches. An unincorporated Roman Catholic church in this state may become incorporated as a church by executing, acknowledging and filing a certificate of incorporation, stating the corporate name by which such church shall be known and the county, town, city or village where its principal place of worship is, S 91. Government of incorporated Roman Catholic churches. The archbishop or bishop and the vicar-general of the diocese to which any incorporated Roman Catholic church belongs, the rector of such church, and their successors in office shall, by virtue of their offices, be trustees of such church. Two laymen, members of such incorporated church, selected by such officers or by a majority of them, shall also be trustees of such incorporated church, and such officers and such laymen trustees shall together constitute the board of trustees thereof. The two laymen signing the certificate of incorporation of an incorporated Roman Catholic church shall be the two laymen trustees thereof during the first year of its corporate existence. The term of office of the two laymen trustees of an incorporated Roman Catholic church shall be one year. Whenever the office of any such layman trustee shall become vacant by expiration of term of office or otherwise, his successor shall be appointed from members of the church, by such officers or a majority of them. No act or proceeding of the trustees of any such incorporated church shall be valid without the sanction 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 sanction of the vicar-general or of the administrator of such diocese. S 92. Division of Roman Catholic parish; disposition of property. Wherever a Roman Catholic parish has been heretofore or shall hereafter be duly divided by the Roman Catholic bishop having jurisdiction over said parish, and the original Roman Catholic church corporation is given one part of the old parish, and a new or second Roman Catholic church corporation is given the remaining part of the old parish, and it further appears that by reason of the said division the original Roman Catholic church corporation holds title to real property situate within the part of the old parish that was given to the new or second Roman Catholic church corporation, then the said Roman Catholic bishop or his successor shall have the right and power, of himself, independently of any action or consent on the part of the trustees of the original Roman Catholic church corporation, to transfer the title of the said real property, with or without valuable consideration, to the said new or second Roman Catholic church corporation. Said transfer shall be made by the said Roman Catholic bishop or his successor after having complied with the requirements of this chapter in the same manner as the trustees of any religious corporation are compelled to do before making a transfer of church property. If a valuable consideration is paid for the transfer the same shall be received by the said Roman Catholic bishop or his successor and distributed between the said original Roman Catholic church corporation and the new or second Roman Catholic church corporation in such proportions as in the discretion of the said bishop or his successor may seem proper. ARTICLE 5-B S 100. Incorporation of Ruthenian Greek Catholic churches. An unincorporated Ruthenian Greek Catholic church of the Greek rite in this state may become incorporated as a church by executing, acknowledging and filing a certificate of incorporation, stating the corporate name by which said church shall be known, and the county, town, city or village where its principal place of worship is or is intended to be located. A certificate of incorporation of an unincorporated Ruthenian Greek Catholic church shall be executed and acknowledged by the Ruthenian Catholic bishop, appointed by the pope of Rome to have supervision over Ruthenian Catholics of the Greek rite in the United States, or in case of a vacancy in the office of bishop by reason of death, resignation or otherwise, the Ruthenian administrator of the Ruthenian Catholic diocese duly appointed and recognized by the apostolic delegate in the United States, and the chancellor of the diocese in which its place of worship is, and by the pastor of the church and by two laymen, members of such church, who shall be elected by such officers or by a majority of such officers. On filing such certificate, said church shall be a corporation by the name stated in the certificate. S 101. Government of incorporated Ruthenian Greek Catholic churches. The bishop, or in case of vacancy in the office of the bishop, then the administrator, the chancellor of the diocese to which any incorporated Ruthenian Greek Catholic church belongs, together with the pastor of said church, shall by virtue of their office be trustees of such church; two laymen members of such incorporated church selected by such officers, or by a majority of them, shall also be trustees of such incorporated church, and such officers, pastor and such laymen trustees shall together constitute the board of trustees thereof. The two laymen signing the certificate of incorporation of a Ruthenian Greek Catholic church shall be the two laymen trustees thereof during the first year of its corporate existence. The term of office of the two laymen trustees of an incorporated Ruthenian Greek Catholic church shall be one year. Whenever the office of any such layman trustee shall become vacant by expiration of term of office or otherwise his successor shall be appointed from members of the church by such officers or a majority of them. No act or proceeding of the trustees of any such incorporated church shall be valid without the sanction or approval in writing of the bishop of the diocese to which said church belongs, or, in case of his absence or disability to act, of his vicar-general or of the administrator of such diocese. S 102. Transfer of other religious organizations to Ruthenian Greek Catholic church; disposition of property. Any religious organization or organizations incorporated under and by virtue of any law of this state, whether incorporated under article five of the religious corporations law, or otherwise, shall be and they are hereby authorized to organize under the provisions of this act relating to incorporation of Ruthenian Greek Catholic churches of the Greek rite, and upon the filing of a certificate to be signed by the trustees of such existing association or organization or a majority of them, consenting to such organization or incorporation, under this act, all the right, title and interest of such association or corporation in any estate, real or personal, shall, with all franchises and charter rights, be vested in said body corporate and politic so created under this act and the original incorporation of such association or organization shall then be null and void. |
Other voices Challenges Facing Catholicism |
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