N.Y. Benevolent Orders Law 1-A – Applicability of not-for-profit corporation law to benevolent orders
§ 1-a. Applicability of not-for-profit corporation law to benevolent orders. 1. The not-for-profit corporation law applies to every corporation heretofore or hereafter formed under this chapter, or under any other statute or special act of this state, or under laws other than the statutes of this state, which has as its purpose or among its purposes a purpose for which a corporation may be formed under this chapter, provided that:
Terms Used In N.Y. Benevolent Orders Law 1-A
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Quorum: The number of legislators that must be present to do business.
- Statute: A law passed by a legislature.
(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 benevolent orders: section two hundred one, article four, paragraphs (a), (b), and (c) of section eight hundred four, section nine hundred seven, section nine hundred eight, section nine hundred nine, section ten hundred twelve, and article fourteen.
(d) Section six hundred eight of the not-for-profit corporation law shall not apply to any corporation to which this chapter applies to the extent that the provisions of such section conflict with any provision of the certificate of incorporation or of the by-laws, heretofore or hereafter adopted, of such corporation. Action to amend the certificate of incorporation or by-laws in relation to quorum requirements may be taken at a special meeting of members at which the quorum requirements applicable to the corporation as of August thirty-first, nineteen hundred seventy-one are fulfilled, but action may be taken only once under this sentence.
(e) For the purposes 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 sectin shall be September first, nineteen hundred seventy-one.
2. From and after the effective date of this section the general corporation law shall not apply to any corporation to which this chapter applies.