Title NPC, Not-for-Profit Corporation

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

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

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

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

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

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

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

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

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

§ 1508. Reports by cemeteries. (a) Annual report. Each cemetery corporation shall, on or before the fifteenth day of March after the end of its calendar year, or if on a fiscal year the seventy-fifth day after the close of such year, file with the cemetery board (1) a statement a…

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

§ 1510. Cemetery duties. (a) Posting and distribution of rules, regulations, charges and prices. The rules, regulations, charges, and prices of goods, lots, plots or parts thereof shall be suitably printed and shall be conspicuously posted by the corporation in each of its office…

§ 1510-a. Repair or removal of monuments. (a) Cemetery corporations may repair or remove any monuments or other markers not owned by the cemetery corporation that have fallen into disrepair or dilapidation so as to create a dangerous condition, provided that the cemetery corporat…

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

§ 1510-c. Form of authorizations. Any form, authorization, permit or designation required by this article may be signed by written instrument or the use of an electronic signature, as that term is defined in subdivision three of section three hundred two of the state technology l…

§ 1511. Cemetery indebtedness. (a) Certificates of indebtedness. (1) If a cemetery corporation be indebted for lands purchased for cemetery purposes, or for services rendered or materials furnished in connection with the necessary and proper preservation or improvement of its cem…

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

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

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

§ 1514. Misdemeanor; general penalty. Wherever under the provisions of this article a person violating any part thereof is deemed to be guilty of a misdemeanor and no specific penalty is provided, the penalty for each separate violation shall be imprisonment for not more than six…

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

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

§ 1517. Crematory operations. Cemetery corporations that operate a crematory shall have the following duties and obligations: (a) Maintenance and privacy. (1) A crematory facility shall be maintained in a clean, orderly, and sanitary manner, with adequate ventilation and shall ha…

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

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

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

§ 1601. Legislative intent. The legislature finds and declares that New York's communities are important to the social and economic vitality of the state. Whether urban, suburban, or rural, many communities are struggling to cope with vacant, abandoned, and tax-delinquent propert…

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

§ 1603. Creation and existence. (a) Any foreclosing governmental unit may create a land bank by the adoption of a local law, ordinance, or resolution as appropriate to such foreclosing governmental unit which action specifies the following: (1) the name of the land bank; (2) the …

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

§ 1605. Board of directors. (a) (1) The initial size of the board shall be determined in accordance with section sixteen hundred three of this article. Unless restricted by the actions or agreements specified in section sixteen hundred three of this article, the provisions of thi…

§ 1606. Staff. A land bank may employ a secretary, an executive director, its own counsel and legal staff, and such technical experts, and such other agents and employees, permanent or temporary, as it may require, and may determine the qualifications and fix the compensation and…

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

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

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

§ 1610. Financing of land bank operations. (a) A land bank may receive funding through grants and loans from the foreclosing governmental unit or units which created the land bank, from other municipalities, from the state of New York, from the federal government, and from other …

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

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

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

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

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

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

§ 1617. Contracts. (a) The land bank may, in its discretion, assign contracts for supervision and coordination to the successful bidder for any subdivision of work for which the land bank receives bids. Any construction, demolition, renovation and reconstruction contract awarded …

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

§ 202. General and special powers. (a) Each corporation, subject to any limitations provided in this chapter or any other statute of this state or its certificate of incorporation, shall have power in furtherance of its corporate purposes: (1) To have perpetual duration. (2) To s…

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

§ 204. Limitation on activities. Notwithstanding any other provision of this chapter or any other general law, a corporation of any kind to which this chapter applies shall conduct no activities for pecuniary profit or financial gain, whether or not in furtherance of its corporat…

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

§ 301. Corporate name; general. (a) Except as otherwise provided in this chapter, the name of a domestic or foreign corporation: (1) Shall, unless the corporation is formed for charitable or religious purposes, or for purposes for which the approval of the commissioner of social …

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