New York · statute · N.Y. General Associations Law · 30 active provisions
GENERAL ASSOCIATIONS LAW LAWS 1909, CHAP. 34 AN ACT in relation to associations, constituting chapter twenty-nine 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 e…
ARTICLE 1 SHORT TITLE; DEFINITIONS Section 1. Short title. 2. Definitions.
§ 1. Short title. This chapter shall be known as the "General Associations Law."
§ 2. Definitions. As used in this chapter: 1. The term "joint stock association" includes every unincorporated joint stock association, company or enterprise having written articles of association and capital stock divided into shares, but does not include a corporation or a business trust. 2. The term "business trust"…
ARTICLE 2 JOINT-STOCK ASSOCIATIONS Section 3. Contents of articles of association. 4. Certificate to be filed within sixty days and annually thereafter; penalty; evidence. 5. Dissolution. 6. Power to take and convey real property. 7. Changing articles of association. 7-a. Incorporation of joint-stock association. 8. Pr…
§ 3. Contents of articles of association. The articles of association of a joint-stock association may: 1. Provide that the death of a stockholder thereof, or the transfer of his shares of stock therein, shall not work a dissolution of the association; 2. Prescribe the number of its directors, not less than three, to h…
§ 4. Certificate to be filed within sixty days and annually thereafter; penalty; evidence. Every joint-stock association transacting business within this state shall, within sixty days after its formation, and in each January thereafter, file with the secretary of state, and with the clerk of the county in which its pr…
§ 5. Dissolution. A joint-stock association shall not be dissolved except in pursuance of its articles of association, or by consent of all its stockholders, or by judgment of a court for fraud in its management, or for good cause shown.
§ 6. Power to take and convey real property. A joint-stock association, in the name of its president, as such president, may purchase, take, hold and convey such real property only, 1. As may be necessary for its immediate accommodation in the convenient transaction of its business. 2. As may be mortgaged to it in good…
§ 7. Changing articles of association. Any change in the articles of association of a joint-stock association not inconsistent with law may be made with the consent of all its stockholders, or otherwise, as the articles of association may provide. Unless the articles of association of a joint-stock association contain…
§ 7-a. Incorporation of joint-stock association. 1. Any joint-stock association transacting business within this state under this chapter and created by or under the laws of this state on or before January first, nineteen hundred sixty-four may be incorporated under the business corporation law for a purpose or purpose…
§ 8. Proceeding to mortgage, lease or sell real estate. Whenever any unincorporated association is required by law to make application to the court for leave to mortgage, lease or sell its real estate, the proceeding therefor shall be had as prescribed for corporations in article five of the general corporation law.
§ 9. Receiver of joint-stock association. Section ten of this chapter and sections one hundred fifty and one hundred thirty-six of the general corporation law apply to an action or a special proceeding, against a joint-stock association created by or under the laws of the state, or a trustee, director, or other officer…
§ 10. Injunction against joint-stock association. An injunction order, suspending the general and ordinary business of a joint-stock association, consisting of seven or more persons, or suspending from office, or restraining from the performance of his duties, a trustee, director, or other officer thereof, can be grant…
§ 11. Misnomer of party not available. Where an action, authorized by a law of the state, is brought against one or more persons, as stockholders of a joint-stock association, an objection to any of the proceedings cannot be taken, by a person properly made a defendant in the action, on the ground that the plaintiff ha…
ARTICLE 3 ACTION OR PROCEEDING BY OR AGAINST UNINCORPORATED ASSOCIATIONS Section 12. Action or proceeding by unincorporated association. 13. Action or proceeding against unincorporated association. 14. When action not to abate. 15. Effect of judgment; excecution thereupon. 16. Subsequent action against members. 17. Art…
§ 12. Action or proceeding by unincorporated association. An action or special proceeding may be maintained, by the president or treasurer of an unincorporated association to recover any property, or upon any cause of action, for or upon which all the associates may maintain such an action or special proceeding, by rea…
§ 13. Action or proceeding against unincorporated association. An action or special proceeding may be maintained, against the president or treasurer of such an association, to recover any property, or upon any cause of action, for or upon which the plaintiff may maintain such an action or special proceeding, against al…
§ 14. When action not to abate. The death or legal incapacity of a member of the association does not affect an action or special proceeding, brought as prescribed in the last two sections. If the officer, by or against whom it is brought, dies, is removed, resigns, or becomes otherwise incapacitated, during the penden…
§ 15. Effect of judgment; execution thereupon. In such an action, the officer against whom it is brought cannot be arrested; and a judgment against him does not authorize an execution to be issued against his property, or his person; nor does the docketing thereof bind his real property, or chattels real. Where such a…
§ 16. Subsequent action against members. Where an action has been brought against an officer, or a counterclaim has been made, in an action brought by an officer, as prescribed in this article, another action, for the same cause, shall not be brought against the members of the association, or any of them, until after f…
§ 17. Article permissive; effect upon statute of limitations. This article does not prevent an action from being brought by or against all the members of an association, except as prescribed in the last section. Where an action is brought against the members of the association, as prescribed in subdivision first of the…
ARTICLE 4 CERTIFICATE OF DESIGNATION BY ASSOCIATIONS DOING BUSINESS WITHIN THIS STATE Section 18. Designation of secretary of state as an agent for service of process. 18-a. Electronic service of process. 19. Service of process. 19-a. Records and certificates of department of state.
§ 18. Designation of secretary of state as an agent for service of process. 1. The term "association," as used in this article, is defined in section two, subdivision four, of this chapter. 2. Every association doing business within this state shall file in the department of state a certificate in its associate name, s…
§ 18-a. Electronic service of process. The secretary of state shall advise any association subject to the laws of this chapter in prominent written form as follows: (a) electronic service of process authorized by the provisions of this chapter is an optional program at no additional cost to the user; (b) any associatio…