N.Y. Not-For-Profit Corp. Law § 1503
Application
Redline — January 1, 2015 → current.View current text →
Current — January 1, 2024
As of January 1, 2015
§ 1503. Application.\n (a) Except as otherwise provided in paragraph (b) of this section,\nparagraph (c) of section fifteen hundred seven, and paragraph (m) of\nsection fifteen hundred ten, this article does not apply to (1) a\nreligious corporation, (2) a municipal corporation, (3) a cemetery\ncorporation owning a cemetery operated, supervised or controlled by or\nin connection with a religious corporation or (4) a cemetery belonging\nto a religious or a municipal corporation, or operated, supervised or\ncontrolled by or in connection with a religious corporation unless any\nofficer, member or employee of any such corporation shall receive or may\nbe lawfully entitled to receive any pecuniary profit from the operations\nthereof, other than reasonable compensation for services in effecting\none or more of the purposes of such corporation or as proper\nbeneficiaries of its strictly charitable purposes or unless the\norganization of any such corporation for any of its avowed purposes be a\nguise or pretense for directly or indirectly making any other pecuniary\nprofit for such corporation, or for any of its officers, members or\nemployees, and unless any such corporation is not, in good faith,\norganized or conducted exclusively for one or more of its stated\npurposes.\n (b) All crematories shall be subject to inspection by the division of\ncemeteries. Upon inspection, the crematory may be asked to produce any\nand all records for the operation and maintenance of the crematory.\nThese records may include but not be limited to cremation\nauthorizations, rules and regulations of the crematory, procedures as\nset forth in section fifteen hundred seventeen of this article, and the\nwritten procedure of the identification of remains.\n
§ 1503. Application.\n (a) Except as otherwise provided in paragraph (b) of this section,\nsection fifteen hundred five-b, paragraph (c) of section fifteen hundred\nseven, paragraph (m) of section fifteen hundred ten, and section fifteen\nhundred eighteen of this article does not apply to (1) a religious\ncorporation, (2) a municipal corporation, (3) a cemetery corporation\nowning a cemetery operated, supervised or controlled by or in connection\nwith a religious corporation or (4) a cemetery belonging to a religious\nor a municipal corporation, or operated, supervised or controlled by or\nin connection with a religious corporation unless any officer, member or\nemployee of any such corporation shall receive or may be lawfully\nentitled to receive any pecuniary profit from the operations thereof,\nother than reasonable compensation for services in effecting one or more\nof the purposes of such corporation or as proper beneficiaries of its\nstrictly charitable purposes or unless the organization of any such\ncorporation for any of its avowed purposes be a guise or pretense for\ndirectly or indirectly making any other pecuniary profit for such\ncorporation, or for any of its officers, members or employees, and\nunless any such corporation is not, in good faith, organized or\nconducted exclusively for one or more of its stated purposes.\n (b) All crematories or natural organic reduction facilities shall be\nsubject to inspection by the division of cemeteries. Upon inspection,\nthe crematory or natural organic reduction facility may be asked to\nproduce any and all records for the operation and maintenance of the\ncrematory or natural organic reduction facility. These records may\ninclude but not be limited to cremation or natural organic reduction\nauthorizations, rules and regulations of the crematory or natural\norganic reduction facility, procedures as set forth in section fifteen\nhundred seventeen of this article, or section fifteen hundred eighteen\nof this article, as applicable, and the written procedure of the\nidentification of remains.\n (c) Except as otherwise provided in paragraph (c) of section fifteen\nhundred seven and paragraph (m) of section fifteen hundred ten of this\narticle, this article does not apply to a burial site as defined in\nparagraph (a) of subdivision one of section one hundred seventy-one of\nthe executive law.\n
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.