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This entry was published on 2014-09-22
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SECTION 15-A
Consolidation of incorporated presbyteries
Religious Corporations (RCO) CHAPTER 51, ARTICLE 2
§ 15-a. Consolidation of incorporated presbyteries. 1. Two or more
incorporated presbyteries may enter into an agreement for the
consolidation or merger of such corporations and such corporations may
be consolidated or merged so as to form a single corporation which may
be either a new corporation or one of the constituent corporations. Said
agreement shall set forth the name of the proposed new corporation or
the name of the existing corporation if it is to become the consolidated
or merged corporation, the method of choosing trustees, the names of the
persons to be the first trustees of the new corporation if the
consolidated or merged corporation is to be a new corporation and the
date of the first annual corporate meeting.

2. Such agreement must be authorized and approved by a majority vote
of the members of each contracting presbytery taken at a meeting at
which a quorum is present duly called in accordance with the form of
government of the Presbyterian Church (U.S.A.) and the notice of such
meeting shall state the purpose of the meeting.

3. Before such agreement is approved as aforesaid, such consolidation
or merger must be directed and approved by the Synod of the Northeast
and the General Assembly of the Presbyterian Church (U.S.A.).

4. Each presbytery shall thereafter join in a petition to the supreme
court for an order consolidating or merging the corporation, setting
forth the agreement of the contracting presbyteries, the direction and
approval of the bodies as set forth in subdivision three of this
section, a statement of all the property and liabilities and the sources
of the annual income of each presbytery and a description of any
property held by such presbyteries in trust for specific purposes. In
its discretion the court may direct that notice of the hearing of such
petition be given to the parties interested therein in such manner as it
may prescribe.

5. After hearing all the parties interested, present and desiring to
be heard, the court may make an order for the consolidation or merger of
the presbyteries on the terms of such agreement and such other terms and
conditions as it may prescribe, specifying the name of the new
corporation or the name the continuing corporation will have if one of
the constituent corporations is to become the consolidated or merged
corporation, the first trustees thereof if a new corporation is to be
created and the method by which their successors shall be chosen and the
date of the first annual corporate meeting if a new corporation is to be
created.

6. When such order is made and duly entered, the persons constituting
such corporate presbyteries shall become one incorporated consolidated
or merged presbytery by, and said petitioning presbyteries shall become
consolidated or merged under, the name designated in the order, and the
trustees therein named, if it is a new corporation, shall be the first
trustees thereof, and if it is a new corporation the trustees thereof
shall be chosen by the method therein designated, and all the estate,
rights, powers and property of whatsoever nature, belonging to either
corporation shall without further act or deed be vested in and/or
transferred to the new corporation as effectually as they were vested in
or belonging to the former corporations, and the new or continuing
corporations shall be liable for all the debts and liabilities of the
former corporations in the same manner and as effectually as if said
debts or liabilities had been contracted or incurred by the new
corporation.

7. The order or a certified copy thereof shall be recorded in the book
for recording certificates of incorporation in each county clerk's
office in which the certificate of incorporation of each constituent
presbytery was recorded.

8. Such consolidated or merged presbytery shall have all the powers
and responsibilities conferred upon presbyteries by the constitution and
form of government of the Presbyterian Church (U.S.A.).