ยง 18. Dissolution of religious corporations. Whenever any religious
corporation shall cease to act in its corporate capacity and keep up the
religious services; it shall be lawful for the supreme court of this
state, upon the application of a majority of the trustees thereof, in
case said court shall deem it proper so to do, to order and decree a
dissolution of such religious corporation, and for that purpose to order
and direct a sale and conveyance of any and all property belonging to
such corporation, and after providing for the ascertaining and payment
of the debts of such corporation, and the necessary costs and expenses
of such sale and proceedings for dissolution, so far as the proceeds of
such sale shall be sufficient to pay the same; such court may order and
direct any surplus of such proceeds remaining after paying such debts,
costs and expenses, to be devoted and applied to any such religious,
benevolent, or charitable objects or purposes as the said trustees may
indicate by their petition and the said court may approve.
Such application to said court shall be made by petition, duly
verified by said trustees, which petition shall state the particular
reason or causes why such sale and dissolution are sought; the
situation, condition and estimated value of the property of said
corporation, and the particular object or purposes to which it is
proposed to devote any surplus of the proceeds of such property; and
such petition shall, in all cases, be accompanied with proof that notice
of the time and place of such intended application to said court, has
been duly published once in each week for at least four weeks
successively, next preceding such application, in a newspaper published
in the county where such corporation is located.
In case there shall be no trustees of such religious corporation
residing in the county in which such corporation is located, such
application may be made, and such proceedings taken, by a majority of
the members of such religious corporation residing in such county.
In case such corporation is under the jurisdiction of an incorporated
ecclesiastical governing body such application may be made and such
proceedings taken by such incorporated ecclesiastical governing body,
provided the trustees or other officers or surviving members of the
local church shall refuse to act after request has been duly made by the
governing body, and in such case the proceeds shall be turned over to
said governing body.
Structure New York Laws
Article 2 - General Provisions
3 - Filing and Recording Certificates of Incorporation of Religious Corporations.
4 - Property of Unincorporated Society Transferred by Its Incorporation.
4-A - Age Qualifications of Voters.
5 - General Powers and Duties of Trustees of Religious Corporations.
7 - Acquisition of Property by Religious Corporations for Cemetery Purposes; Management Thereof.
7-A - Deeds for Cemetery Purposes; Presumption.
8-A - Reacquisition of a Lot, Plot or Part Thereof by a Cemetery.
10 - Acquisition of Property by Two or More Religious Corporations for a Common Parsonage.
11 - Correction and Confirmation of Conveyances to Religious Corporations.
12 - Sale, Mortgage and Lease of Real Property of Religious Corporations.
13 - Consolidation or Merger of Incorporated Churches.
14 - Judicial Investigation of Amount of Property of Religious Corporations.
15-A - Consolidation of Incorporated Presbyteries.
15-B - Consolidation or Merger of Incorporated Presbyterian and Lutheran Synods.
16 - Property of Extinct Churches.
17 - Property of Extinct Free Baptist Churches.
17-A - Property of Extinct Seventh Day Baptist Churches and Seventh Day Baptist Religious Societies.
17-C - Property of Lutheran Congregations.
18 - Dissolution of Religious Corporations.
19 - Corporations for Organizing and Maintaining Mission Churches and Sunday Schools.
20 - Corporations for Acquiring Parsonages for District Superintendents and Camp-Meeting Grounds.
21 - Corporations for Acquiring Camp-Meeting Grounds for the Reformed Methodist Denomination.
22 - Establishing and Maintaining a Home for Aged Poor.
23 - Powers of Churches Created by Special Laws.
24 - Government of Churches Incorporated Prior to January First, Eighteen Hundred and Twenty-Eight.