§ 402. Meeting for incorporation of unincorporated society. At a meeting for incorporation held pursuant to section four hundred one, the qualified voters, until otherwise decided as hereafter provided, shall be all persons of full age who are members of the unincorporated society, according to its rules or usages, for at least one year prior to the meeting or since it was formed.

Terms Used In N.Y. Religious Corporations Law 402

  • 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.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Quorum: The number of legislators that must be present to do business.

At such meeting the presence of a majority of such qualified voters, in person, at least six in number, shall be necessary to constitute a quorum, and all matters or questions shall be decided by a majority of the qualified voters voting thereon. The meeting shall be called to order by one of the signers of the call. There shall be elected at such meeting, from the qualified voters then present, a presiding officer, a clerk to keep the record of the proceedings of the meeting and two inspectors of election to receive the ballots cast. The presiding officer and the inspectors shall decide the result of the ballots cast on any matter, and shall be the judges of the qualifications of the voters.

If the meeting shall decide that such unincorporated society shall become incorporated, the meeting shall also decide upon the name of the proposed corporation, the number of the trustees thereof, which shall be not less than three and not more than twelve, and the date, not more than fifteen months thereafter, on which the first annual election of the trustees thereof shall be held.

Such meeting shall also adopt by-laws and then elect by ballot trustees in accordance with the provisions of such by-laws.

Thereafter, the officers of the corporation shall be elected in accordance with the by-laws.