Title NPC, Not-for-Profit Corporation

§ 1505-b. Additional requirements for incorporation of natural organic\n reduction facilities.\n (a) Approval. A cemetery corporation seeking the approval to operate a\nnatural organic reduction facility shall submit for approval by the\ncemetery board the following:\n (1) a list…

§ 1506. Cemetery lands.\n (a) Purchase of land; notice to cemetery board. (1) No cemetery\ncorporation, in purchasing real property hereafter, shall pay or agree\nto pay more than the fair and reasonable market value thereof. The terms\nof the purchase, including the price to be …

§ 1506-a. Cemetery corporations; restrictions.\n (a) No cemetery corporation shall, directly or indirectly:\n (1) sell, or have, enter into or perform a lease of any of its real\nproperty to a funeral entity, or use any of its property for location of\na funeral entity;\n (2) com…

§ 1506-b. Transfer of lands of Valley View Rural Cemetery.\n Notwithstanding any other provision of law to the contrary, the board\nof trustees of the Valley View Rural Cemetery Association in the town of\nDover Plains, New York, may by resolution of such board, sell, lease or\nt…

§ 1506-c. Abandoned cemetery maintenance by cemetery corporations.\n (a) Upon application and approval by the cemetery board, a cemetery\ncorporation may assume management and maintenance of an abandoned\ncemetery. For the purposes of this section, abandoned cemetery means a\ncem…

§ 1506-d. Additional requirements for merger or consolidation of\ncemetery corporations in certain circumstances. (a) A merger or\nconsolidation of cemetery corporations may be approved notwithstanding\nthat the surviving corporation or consolidated corporation will own land\nth…

§ 1506-e. Lease of cemetery lands.\n (a) Cemetery board approval. Except as set forth in paragraph (i) of\nthis section, no cemetery corporation shall lease any portion of its\nland without notice to and approval of the cemetery board.\n (b) Requirements for approval of a lease o…

§ 1507. Trust funds.\n (a) Maintenance and preservation; permanent maintenance fund; current\nmaintenance fund. Subject to rules and regulations of the cemetery\nboard: (1) Every cemetery corporation shall maintain and preserve the\ncemetery, including all lots, plots and parts t…

§ 1507-a. State cemetery board citizens advisory council.\n (a) There is hereby created a state cemetery board citizens advisory\ncouncil, to study, investigate, monitor and make recommendations with\nrespect to the maintenance and operation of the state cemetery vandalism\nresto…

§ 1508. Reports by cemeteries.\n (a) Annual report. Each cemetery corporation shall, on or before the\nfifteenth day of March after the end of its calendar year, or if on a\nfiscal year the seventy-fifth day after the close of such year, file\nwith the cemetery board (1) a statem…

§ 1509. Cemetery rules and regulations; charges and lot tax assessments.\n (a) Rules and regulations. The directors of a cemetery corporation\nshall make reasonable rules and regulations for the use, care,\nmanagement and protection of the property of the corporation and of all\n…

§ 1510. Cemetery duties.\n (a) Posting and distribution of rules, regulations, charges and\nprices. The rules, regulations, charges, and prices of goods, lots,\nplots or parts thereof shall be suitably printed and shall be\nconspicuously posted by the corporation in each of its o…

§ 1510-a. Repair or removal of monuments.\n (a) Cemetery corporations may repair or remove any monuments or other\nmarkers not owned by the cemetery corporation that have fallen into\ndisrepair or dilapidation so as to create a dangerous condition,\nprovided that the cemetery cor…

§ 1510-b. Availability for interment on six-day basis.\n Every cemetery corporation shall be available for interments at least\nsix days per week, excluding legal holidays, as set forth in the\ncemetery's regulations or in accordance with its practices. Any cemetery\nwhich mainta…

§ 1510-c. Form of authorizations.\n Any form, authorization, permit or designation required by this\narticle may be signed by written instrument or the use of an electronic\nsignature, as that term is defined in subdivision three of section three\nhundred two of the state technol…

§ 1511. Cemetery indebtedness.\n (a) Certificates of indebtedness. (1) If a cemetery corporation be\nindebted for lands purchased for cemetery purposes, or for services\nrendered or materials furnished in connection with the necessary and\nproper preservation or improvement of it…

§ 1512. Rights of lot owners.\n (a) Lots; indivisible and inalienable. All lots, plots or parts\nthereof, the use of which has been conveyed as a separate lot, shall be\nindivisible, except with the consent of the lot owner or lot owners and\nthe corporation, or as in this sectio…

§ 1513. Sale of burial rights.\n (a) Conveyance of lots. (1) Except as otherwise provided in this\nparagraph the right to use any lot, plot or part thereof may be sold or\nconveyed only by the cemetery corporation. (2) It shall be unlawful for\nany person, firm or corporation to …

§ 1513-a. Reacquisition of a lot, plot or part thereof by a cemetery\n corporation.\n A cemetery corporation may, upon application and approval by the\ncemetery board, reacquire, resubdivide, and resell a lot, plot or part\nthereof under the following circumstances:\n (a)(i) If t…

§ 1514. Misdemeanor; general penalty.\n Wherever under the provisions of this article a person violating any\npart thereof is deemed to be guilty of a misdemeanor and no specific\npenalty is provided, the penalty for each separate violation shall be\nimprisonment for not more tha…

§ 1515. Actions affecting cemetery corporations.\n In any action or proceeding affecting or instituted by any cemetery\ncorporation the cemetery board shall be served with notice thereof in\nthe same manner as any necessary party and shall take such steps in the\naction or procee…

§ 1516. Sale of monuments.\n (a) No cemetery corporation shall engage in the sale of monuments, not\nincluding flush bronze markers, nor shall such monuments be displayed\nfor sale on the property of a cemetery corporation.\n (b) No cemetery corporation shall authorize or permit …

§ 1517. Crematory operations.\n Cemetery corporations that operate a crematory shall have the\nfollowing duties and obligations:\n (a) Maintenance and privacy. (1) A crematory facility shall be\nmaintained in a clean, orderly, and sanitary manner, with adequate\nventilation and s…

* § 1518. Crematory operations during emergency declaration.\n Notwithstanding any other provision of law, for the duration of a\nstate or county disaster emergency declared pursuant to an executive\norder, crematories located in any county of the state may provide\nemergency tra…

* § 1518. Natural organic reduction facility operations.\n Cemetery corporations that operate a natural organic reduction\nfacility shall have the following duties and obligations:\n (a) Maintenance and privacy. (1) A natural organic reduction facility\nshall be maintained in a c…

§ 1600. Short title.\n This article shall be known and may be cited as the "land bank act".\n

§ 1601. Legislative intent.\n The legislature finds and declares that New York's communities are\nimportant to the social and economic vitality of the state. Whether\nurban, suburban, or rural, many communities are struggling to cope with\nvacant, abandoned, and tax-delinquent pr…

§ 1602. Definitions.\n The following words and phrases when used in this article shall have\nthe meanings given to them in this section unless the context clearly\nindicates otherwise:\n (a) "board of directors" or "board" shall mean the board of directors\nof a land bank;\n (b) …

§ 1603. Creation and existence.\n (a) Any foreclosing governmental unit may create a land bank by the\nadoption of a local law, ordinance, or resolution as appropriate to such\nforeclosing governmental unit which action specifies the following:\n (1) the name of the land bank;\n …

§ 1604. Applicability of New York law.\n This article shall apply only to land banks created pursuant to this\narticle.\n

§ 1605. Board of directors.\n (a) (1) The initial size of the board shall be determined in\naccordance with section sixteen hundred three of this article. Unless\nrestricted by the actions or agreements specified in section sixteen\nhundred three of this article, the provisions o…

§ 1606. Staff.\n A land bank may employ a secretary, an executive director, its own\ncounsel and legal staff, and such technical experts, and such other\nagents and employees, permanent or temporary, as it may require, and may\ndetermine the qualifications and fix the compensatio…

§ 1607. Powers.\n (a) A land bank shall constitute a charitable not-for-profit\ncorporation under New York law, which powers shall include all powers\nnecessary to carry out and effectuate the purposes and provisions of\nthis article, including the following powers in addition to…

§ 1608. Acquisition of property.\n (a) The real property of a land bank and its income and operations are\nexempt from all taxation by the state of New York and by any of its\npolitical subdivisions. The real property of a land bank shall be exempt\nfrom: (i) all special ad valor…

§ 1609. Disposition of property.\n (a) The land bank shall hold in its own name, or in the name of a\nlawfully organized subsidiary, all real property acquired by the land\nbank irrespective of the identity of the transferor of such property.\n (a-1) This section governing the di…

§ 1610. Financing of land bank operations.\n (a) A land bank may receive funding through grants and loans from the\nforeclosing governmental unit or units which created the land bank, from\nother municipalities, from the state of New York, from the federal\ngovernment, and from o…

§ 1611. Borrowing and issuance of bonds.\n (a) A land bank shall have power to issue bonds for any of its\ncorporate purposes, the principal and interest of which are payable from\nits revenues generally. Any of such bonds may be secured by a pledge of\nany revenues, including gr…

§ 1612. Public records and public meetings.\n (a) The board shall cause minutes and a record to be kept of all its\nproceedings. Except as otherwise provided in this section, the land bank\nshall be subject to the open meetings law and the freedom of information\nlaw.\n (b) A lan…

§ 1613. Dissolution of land bank.\n A land bank may be dissolved as a charitable not-for-profit\ncorporation sixty calendar days after an affirmative resolution approved\nby two-thirds of the membership of the board of directors. Sixty\ncalendar days advance written notice of con…

§ 1614. Conflicts of interest.\n No member of the board or employee of a land bank shall acquire any\ninterest, direct or indirect, in real property of the land bank, in any\nreal property to be acquired by the land bank, or in any real property\nto be acquired from the land bank…

§ 1615. Construction, intent and scope.\n The provisions of this article shall be construed liberally to\neffectuate the legislative intent and the purposes as complete and\nindependent authorization for the performance of each and every act and\nthing authorized by this article,…

§ 1616. Delinquent property tax enforcement.\n The municipality may enter into a contract to sell some or all of the\ndelinquent tax liens held by it to a land bank, subject to the following\nconditions:\n (a) The consideration to be paid may be more or less than the face\namount…

§ 1617. Contracts.\n (a) The land bank may, in its discretion, assign contracts for\nsupervision and coordination to the successful bidder for any\nsubdivision of work for which the land bank receives bids. Any\nconstruction, demolition, renovation and reconstruction contract aw…

§ 201. Purposes.\n (a) A corporation, as defined in paragraph (a) of § 102 (Definitions),\nmay be formed under this chapter as a charitable corporation or a\nnon-charitable corporation unless it may be formed under any other\ncorporate law of this state, in which event it may not…

§ 202. General and special powers.\n (a) Each corporation, subject to any limitations provided in this\nchapter or any other statute of this state or its certificate of\nincorporation, shall have power in furtherance of its corporate\npurposes:\n (1) To have perpetual duration.\n…

§ 203. Defense of ultra vires.\n (a) No act of a corporation and no transfer of real or personal\nproperty to or by a corporation, otherwise lawful, shall, if duly\napproved or authorized by a judge, court or administrative department or\nagency as required, be invalid by reason …

§ 204. Limitation on activities.\n Notwithstanding any other provision of this chapter or any other\ngeneral law, a corporation of any kind to which this chapter applies\nshall conduct no activities for pecuniary profit or financial gain,\nwhether or not in furtherance of its cor…

§ 205. Conveyance of real property to members for dwelling houses.\n A not-for-profit corporation, if its by-laws so provide, and pursuant\nto the provisions thereof, and without leave of the court, may convey to\na member of the corporation a portion of its real property for the…

§ 301. Corporate name; general.\n (a) Except as otherwise provided in this chapter, the name of a\ndomestic or foreign corporation:\n (1) Shall, unless the corporation is formed for charitable or\nreligious purposes, or for purposes for which the approval of the\ncommissioner of …

§ 302. Corporate name; exceptions.\n (a) Any reference to a corporation in this section except as otherwise\nprovided herein shall include both domestic and foreign corporations.\n (b) The provisions of section 301 (Corporate name; general):\n (1) Shall not require any corporatio…