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SECTION 2-B
Applicability of not-for-profit corporation law
Religious Corporations (RCO) CHAPTER 51, ARTICLE 1
§ 2-b. Applicability of not-for-profit corporation law. 1. The
not-for-profit corporation law applies to every corporation to which
this chapter applies, provided that:

(a) If any provision of the not-for-profit corporation law conflicts
with any provision of this chapter, the provision of this chapter shall
prevail and the conflicting provision of the not-for-profit corporation
law shall not apply in such case. If any provision of this chapter
relates to a matter embraced in the not-for-profit corporation law but
is not in conflict therewith, both provisions shall apply.

(b) A corporation to which the not-for-profit corporation law is made
applicable by this section shall be treated as a "corporation",
"domestic corporation", or "foreign corporation" as such terms are used
in the not-for-profit corporation law, except that the purposes for
which any such corporation has been or may be formed under this chapter
shall not thereby be extended.

(c) The following provisions of the not-for-profit corporation law
shall not apply to religious corporations: subparagraphs (7) and (8) of
paragraph (a) of section one hundred twelve, section one hundred
fourteen, section two hundred one, section three hundred three, section
three hundred four, section three hundred five, section three hundred
six, article four except section four hundred one, section five hundred
fourteen, that portion of section five hundred fifty-five (b) and
section five hundred fifty-five (c) which reads "The institution shall
notify the donor, if available, and the attorney general of the
application, and the attorney general and such donor must be given an
opportunity to be heard", section six hundred five, section six hundred
seven, section six hundred nine, section eight hundred four, article
nine except section nine hundred ten, article ten except as provided in
section eleven hundred fifteen, section eleven hundred two, and article
fifteen except paragraph (c) of section fifteen hundred seven.

(d) Any reference in the not-for-profit corporation law to the
delivery of any certificate or other instrument to the department of
state for filing refers to the filing or recording thereof in the office
of the clerk of the county in which the corporation has its principal
office or place of worship or otherwise as provided in this chapter.

(d-1) Notwithstanding any provision of this chapter or the
not-for-profit corporation law, any church referred to in subdivision
two, three, four, five, five-a, five-b, five-c, or six of section twelve
of this chapter shall not be required to give notice to the attorney
general of any application required by subdivision one of section twelve
of this chapter or any application or petition required under section
five hundred ten or section five hundred eleven of the not-for-profit
corporation law.

(e) No action shall be taken by the trustees of an incorporated Roman
Catholic church, or of a Ruthenian Greek Catholic church, under section
five hundred fifty-five of the not-for-profit corporation law (Release
or modification of restrictions on management, investment, or purpose)
without the consent of the archbishop or bishop of the diocese to which
such church belongs or in case of their absence or inability to act,
without the consent of the vicar general or administrator of such
diocese.

2. Every corporation to which the not-for-profit corporation law is
made applicable by this section is a charitable corporation as defined
in paragraph (a) of section one hundred two (Definitions) of the
not-for-profit corporation law for all purposes of that law.

3. From and after the effective date of this section the general
corporation law shall not apply to any corporation to which this chapter
applies.

4. For the purpose of this section and elsewhere in this chapter the
effective date of the not-for-profit corporation law as to corporations
to which the not-for-profit corporation law is made applicable by this
section shall be September first, nineteen hundred seventy-two.