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LAWS 1909, CHAP. 40 AN ACT relating to membership corporations, constituting chap

ter thirty-five of the consolidated laws.

Became a law February 17, 1909, with the approval of the Governor. Passed,

three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:



Article 1. Short title and definitions (S$ 1, 2).

2. General provisions relating to membership corpora

tions (S$ 3–24). 3. Corporations for purposes not elsewhere authorized

(8$ 40–48). 4. Cemetery corporations (S$ 60–86). 5. Fire corporations (S$ 100–105). 6. Corporations for the prevention of cruelty (S$ 120

123). 7. Hospital corporations (§ 130). 8. Christian associations (SS 140-144). 9. Bar associations (8$ 150, 151). 10. Veteran soldiers' and sailors' associations (88 160–

162). 11. Soldiers' monument corporations (8$ 170–173). 12. Boards of trade (SS 180-182). 13. Agricultural and horticultural corporations (S$ 190,

197). 14. Medical societies (8$ 210–215). 15. Alumni corporations (SS 220–227). 16. Historical societies (SS 230, 231). 17. Veterinary associations (S$ 240–244). 18. Consolidation of library corporations in New York

city (S$ 260–265). 19. Agricultural, fair and other corporations authorized

to construct tunnels and bridges (S$ 270-273). 20. Corporations for raising and breeding and improv

ing the breed of horses (S$ 280—298). 21. Laws repealed; which to take effect (98 310, 311).

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Section 1. Short title.

2. Definitions. This article consists of article 1 of the Membership Corporations Law of 1895, $8 1 and 2.

8 1. Short title. This chapter shall be known as the “Membership Corporations Law.

The original Membership Corporations Law was chapter 43 of the “General Laws,” being L. 1895, ch. 559.

Term corporate law' laws: see GENERAL CORPORATION LAW, $ 3.


§ 2. Definitions. Neither the term “membership corporation,” nor the term “ membership corporation created by special law," includes a stock corporation, or a corporation organized for pecuniary profit, or a corporation subject to any of the provisions of the insurance law. Subject to such exceptions, the term “membership corporation” means a corporation hereafter incorporated under this chapter, or heretofore incorporated under any law repealed by this chapter, but does not include a “membership corporation created by special law”; and the term “membership corporation created by special law” means a corporation created by special law for purposes for all of which a corporation might be created under this chapter. Any “membership corporation” as defined by this chapter agreeing with members to render aid within the amounts specified in subdivision “C” of section two hundred and forty-five of article seven of the insurance law, shall not by reason of such agreement be deemed to violate the provisions of the insurance law.

This section was derived from the Membership Corporations Law of 1895, § 2. It was amended to read as above by L. 1914, § 167. This amendment added the last sentence.

Classification of corporations: see GENERAL CORPORATION LAW, $ 2. Stock corporation defined: see GENERAL CORPORATION LAW, § 3. Effect of statute.- The definitions of membership corporation and “ membership corporation created by special law," indicate that in the enactment of the Membership Corporations Law, the legislature intended to provide for the creation of all such corporations as cannot properly be created under other provisions of the corporation law. Missionary societies and Christian associations are not specifically named as being within the definition of membership corporations, but in sections 90 and 91 [now sections 140 and 141] of the Membership Corporations Law we find express

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provisions for the organization of Young Men's Christian Associations, and in the prefatory note of the revision commissioners to said chapter, as well as in the appended schedule of laws repealed thereby, it is made perfectly plain that all previous general laws relating to the creation of missionary societies and Christian associations are supplanted by it.” Matter of Watson, (1902) 171 N. Y. 256, 63 N. E. 1109, reversing 70 App. Div. 623, 75 N. Y. S. 1134.

Corporations created by special law.-A corporation organized under a special law, viz., L. 1841, ch. 115, as amended by L. 1851, ch. 445, was held not to be subject to the provisions of former section 51, now section 71. Matter of Owens, (1903) 79 App. Div. 236, 79 N. Y. S. 1114.

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