N.Y. Not-for-Profit Corporation Law 1403 – Corporations for the prevention of cruelty
§ 1403. Corporations for the prevention of cruelty.
Terms Used In N.Y. Not-for-Profit Corporation Law 1403
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
(a) Prohibition of new corporations in certain counties.
(1) A corporation for the prevention of cruelty to animals shall not hereafter be incorporated for the purpose of conducting its operations in the counties of New York, Kings, Queens, Richmond, Rensselaer, or Westchester outside of the city of Yonkers; or in any other county if thereby two or more such corporations would exist in such county except as provided in subparagraph three hereof. Any corporation for the prevention of cruelty to animals may exercise its powers and conduct its operations in any adjacent county in which no such corporation exists until the establishment of such a corporation therein.
(1-a) No corporation for the prevention of cruelty to children, or for the dual purpose of prevention of cruelty to children and cruelty to animals shall be incorporated on or after November first, nineteen hundred eighty-nine. Any such corporations, incorporated prior to November first, nineteen hundred eighty-nine, may exercise their powers and conduct their operation in any adjacent county in which no such corporations exist until the establishment of such corporations therein prior to November first, nineteen hundred eighty-nine. The Brooklyn society for the prevention of cruelty to children may exercise all its powers in the county of Nassau until a society for the prevention of cruelty to children shall be incorporated prior to November first, nineteen hundred eighty-nine, and located therein, and may exercise all its powers in the county of Suffolk until such a corporation is incorporated prior to November first, nineteen hundred eighty-nine, and located therein.
(2) In addition to the requirements of section 402, a certificate of incorporation under which an additional corporation is formed in the City of Yonkers must designate such city as the place where its operations are to be conducted.
(3) In any county having a population of one hundred thousand or less, where there is already in existence a corporation duly incorporated for the prevention of cruelty to animals and where it appears that the functions of such corporation are confined to a local area in such county and where it further appears that part of such county is not served by the existing corporation, an application may be made for the incorporation of a second such corporation in such county. If it appears to the satisfaction of the court that such existing corporation does not serve the area from which the application for incorporation of a new corporation is made, the court shall approve the proposed certificate of incorporation.
(b) Special powers.
(1) A corporation formed for the purpose of preventing cruelty to children, when represented by an attorney duly admitted to the practice of law, may prosecute a complaint before any court, tribunal or magistrate having jurisdiction, for the violation of any law enacted to prevent (i) the abuse, maltreatment or neglect of a child, as those terms are defined in § 412 of the social services law and section one thousand twelve of the family court act, or (ii) the exploitation of or harm to a child at the hands of an adult that would constitute a violation of article one hundred twenty, one hundred thirty, one hundred thirty-five, two hundred sixty or two hundred sixty-three of the penal law, and may aid in presenting the law and facts to such court, tribunal or magistrate in any proceeding therein.
(2) A corporation formed for the purpose of preventing cruelty to animals may prefer a complaint before any court, tribunal or magistrate having jurisdiction, for the violation of any law relating to or affecting the prevention of cruelty to animals, and may aid in presenting the law and facts to such court, tribunal or magistrate in any proceeding therein.
(3) A corporation for the prevention of cruelty to children may be appointed guardian of the person of a minor child during its minority by a court of record, or a judge thereof, and may receive and retain any child at its own expense on commitment by a court or magistrate.
(4) All magistrates, peace officers, acting pursuant to their special duties and police officers shall aid such a corporation, its officers, agents and members in the enforcement of laws enacted to prevent (i) the abuse, maltreatment or neglect of a child, as those terms are defined in § 412 of the social services law and section one thousand twelve of the family court act, or (ii) the exploitation of or harm to a child at the hands of an adult that would constitute a violation of article one hundred twenty, one hundred thirty, one hundred thirty-five, two hundred sixty or two hundred sixty-three of the penal law, and for the prevention of cruelty to animals.
(c) Type of corporation.
A corporation for the prevention of cruelty is a charitable corporation under this chapter.