In New York, a religious institution is generally permitted to register under the secular not for profit corporation law.
________________________________ From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@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.fried...@utoledo.edu ************************************* ________________________________ From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@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. ------ "ยง 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
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