New York § 208 - 208Consolidation

§ 208. 208Consolidation

§ 208. Consolidation. Any two or more religious corporations of the Jewish faith, incorporated under or by general or special laws, may enter into an agreement for the consolidation or merger of such corporations, setting forth the terms and conditions of consolidation, the name of the proposed or surviving corporation, the number of its trustees, the time of the annual election and the names of the persons to be its trustees until the first or next annual meeting. Each corporation may petition the supreme court for an order consolidating or merging the corporations, setting forth the agreement for consolidation or merger and a statement of its real property and of its liabilities. Before the presentation of the petition to the court the agreement and petition must be approved by two-thirds of the votes cast in person or by proxy at a meeting of the members of each corporation called for the purpose of considering the proposed consolidation or merger in the manner prescribed by section six hundred five of the not-for-profit corporation law. An affidavit by the president and the secretary of each corporation stating that such approval has been given shall be annexed to the petition. On presentation to the court of such petition and agreement for consolidation or merger and on such notice as the court may direct, the court after hearing all the parties interested desiring to be heard, may make an order approving the consolidation or merger. When such order is made and duly entered and a certified copy thereof filed with the secretary of state and in the offices of the clerks of the counties in which the certificates of incorporation of the several constituent corporations were recorded, or if no such certificate was recorded, then in the office of the clerk of the county in which the principal place of worship of the new or surviving corporation is intended to be situated, such corporations shall become one corporation by the name designated in the order and the trustees named in the agreement for consolidation or merger shall be the trustees of the consolidated corporation.