NY Religious Corporations Law

[Douglas Laycock]

So that's the escape route.  Makes sense that there had to be one. 

Quoting Marc Stern <mstern at ajcongress.org>:

> In New York, a religious institution is generally permitted to 
> register under the secular not for profit corporation law.
>
> ________________________________
>
> From: religionlaw-bounces at lists.ucla.edu 
> [mailto:religionlaw-bounces at lists.ucla.edu] On Behalf Of Friedman, 
> Howard M.
> Sent: Wednesday, March 11, 2009 2:54 PM
> To: Law & Religion issues for Law Academics
> Subject: RE: Connecticut bill
>
>
>
> To the extent that the entire NY Religious Corporations Law is 
> mandatory, as opposed to merely default provisions that apply in the 
> absence of contrary rules in the organization's charter or bylaws, I 
> think there are serious constitutional issues with very many of the 
> internal governance provisions.
>
>
>
> *************************************
> Howard M. Friedman
> Disting. Univ. Professor Emeritus
> University of Toledo College of Law
> Toledo, OH 43606-3390
> Phone: (419) 530-2911, FAX (419) 530-4732
> E-mail: howard.friedman at utoledo.edu
> *************************************
>
> ________________________________
>
> From: religionlaw-bounces at lists.ucla.edu 
> [mailto:religionlaw-bounces at lists.ucla.edu] On Behalf Of SAMUEL M. 
> KRIEGER
> Sent: Wednesday, March 11, 2009 1:11 PM
> To: Law & Religion issues for Law Academics
> Subject: Re: Connecticut bill
>
>
>
> Just for the sake of perspective  on the proposed Connecticut 
> legislation, I would welcome any comments on  Section 200   of   the 
> New York Religious Corporations Law (codified in Article 10  
> applicable to "Other Denominations" - including Jewish Congregations 
> ) compared  to sub- sections (e) and (h) of the proposed Connecticut 
> legislation.
>
>
>
> ------
>
>
>
> "§  200.  Control  of  trustees  by  corporate  meetings;  salaries  of
>   ministers.
>
>
>
>   A  corporate  meeting  of  an  incorporated  church,  whose
>   trustees  are  elective  as  such, may give directions, not inconsistent
>   with law, as to the manner in which any of the temporal affairs  of  the
>   church   shall  be  administered  by  the  trustees  thereof;  and  such
>   directions shall be  followed  by  the  trustees.  The  trustees  of  an
>   incorporated  church  to which this article is applicable, shall have no
>   power to settle or remove or fix the salary of the minister, or  without
>   the  consent  of  a  corporate  meeting,  to  incur debts beyond what is
>   necessary for the care of the property of the corporation; or to fix  or
>   charge the time, nature or order of the public or social worship of such
>   church,  except  when  such  trustees are also the spiritual officers of
>   such church."  (emphasis supplied)
> --------------------
>
>
>
> The provison  has been  in   NY law in some form since 1813 and was  
> last  amended in 1909 .
>
>
>
>
>
> SAMUEL M. KRIEGER,ESQ.
> Krieger & Prager LLP
> 39 Broadway
> New York, NY 10006
>
>

Douglas Laycock
Yale Kamisar Collegiate Professor of Law
University of Michigan Law School
625 S. State St.
Ann Arbor, MI  48109-1215
  734-647-9713
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