N.Y. Not-for-Profit Corporation Law 1503 – Application
§ 1503. Application.
Terms Used In N.Y. Not-for-Profit Corporation Law 1503
- cemetery corporation: means any corporation formed under a general or special law for the disposal or burial of deceased human beings, by cremation, natural organic reduction or in a grave, mausoleum, vault, columbarium or other receptacle but does not include a family cemetery corporation or a private cemetery corporation. See N.Y. Not-for-Profit Corporation Law 1502
- 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.
- cremation: means the technical process, using heat and flame, that reduces human remains to ashes and other residue. See N.Y. Not-for-Profit Corporation Law 1502
- crematory: means a facility or portion of a building in which the remains of deceased human beings are processed by cremation. See N.Y. Not-for-Profit Corporation Law 1502
- natural organic reduction: means the contained, accelerated conversion of human remains to soil. See N.Y. Not-for-Profit Corporation Law 1502
- natural organic reduction facility: means a structure, room, or other space in a building or real property where natural organic reduction of a human body occurs. See N.Y. Not-for-Profit Corporation Law 1502
(a) Except as otherwise provided in paragraph (b) of this section, section fifteen hundred five-b, paragraph (c) of section fifteen hundred seven, paragraph (m) of section fifteen hundred ten, and section fifteen hundred eighteen of this article does not apply to (1) a religious corporation, (2) a municipal corporation, (3) a cemetery corporation owning a cemetery operated, supervised or controlled by or in connection with a religious corporation or (4) a cemetery belonging to a religious or a municipal corporation, or operated, supervised or controlled by or in connection with a religious corporation unless any officer, member or employee of any such corporation shall receive or may be lawfully entitled to receive any pecuniary profit from the operations thereof, other than reasonable compensation for services in effecting one or more of the purposes of such corporation or as proper beneficiaries of its strictly charitable purposes or unless the organization of any such corporation for any of its avowed purposes be a guise or pretense for directly or indirectly making any other pecuniary profit for such corporation, or for any of its officers, members or employees, and unless any such corporation is not, in good faith, organized or conducted exclusively for one or more of its stated purposes.
(b) All crematories or natural organic reduction facilities shall be subject to inspection by the division of cemeteries. Upon inspection, the crematory or natural organic reduction facility may be asked to produce any and all records for the operation and maintenance of the crematory or natural organic reduction facility. These records may include but not be limited to cremation or natural organic reduction authorizations, rules and regulations of the crematory or natural organic reduction facility, procedures as set forth in section fifteen hundred seventeen of this article, or section fifteen hundred eighteen of this article, as applicable, and the written procedure of the identification of remains.
(c) Except as otherwise provided in paragraph (c) of section fifteen hundred seven and paragraph (m) of section fifteen hundred ten of this article, this article does not apply to a burial site as defined in paragraph (a) of subdivision one of § 171 of the executive law.