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As Amended by Laws of 1945, chapter 689 and Laws of 1953, Chapter
28
AN ACT to authorize the establishment of the Diocesan Investment
Trust of the Diocese of New York by the trustees of the estate
and property of the Diocesan Convention of New York, a corporation
created pursuant to chapter one hundred ten of the laws of eighteen
hundred seventy-six, for various investment purposes and prescribing
powers and duties relating thereto, and authorizing such trustees
to employ such officers and agents as are deemed necessary and
fix the compensation therefor.
Became a law April 13, 1943, 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:
Section 1. The trustees of the estate and property of the Diocesan
Convention of New York, a corporation created pursuant to chapter
one hundred ten of the laws of eighteen hundred seventy-six, may
establish one or more common trust funds for the purpose of furnishing
investments to itself and to any church, parish, congregation,
society, chapel, mission, religious, benevolent, charitable or
educational institution of the Protestant Episcopal Church carrying
on its activities wholly or partly in the diocese of New York or
any organization or corporation holding funds for the benefit of
any of the foregoing or for promoting any of the purposes for which
any of the foregoing were formed or for the purpose of supporting
a bishop, religious pastor or teacher or any building or buildings
used by any of the foregoing, whether holding such funds as fiduciary
or otherwise. Notwithstanding the provisions of any general or
special law in any way limiting the right of said trustees of the
estate and property of the Diocesan Convention of New York or any
of said churches, organizations or corporations, as fiduciary or
otherwise, to invest funds held by them, it shall be lawful for
said trustees of the estate and property of the Diocesan Convention
of New York and for any of said churches, orgnaizations or corporations,
as fiduciary or otherwise, to invest any or all of their funds,
including all monies or property received by any such church, organization
or corporation having charge and control of a cemetery, whether
by contract, in trust or otherwise, for the perpetual care and
maintenance of any lot, plot or part thereof in said cemetery,
in shares or interests of such common trust fund or funds, provided
that in the case of funds held as fiduciary, such investment is
not prohibited by the wording of the will, deed or other instrument
creating such fiduciary relationship.
Sec. 2. Said common trust fund shall be designated the "Diocesan
Investment Trust of the Diocese of New York."
Sec. 3. Such trustees are authorized to retain in their absolute
discretion and for such period as to them shall seem advisable,
any and all investments and other properties which may be turned
over to them by any parish, mission or organization, as defined
in this act. Such trustees are also authorized to change investments
and properties and to invest and reinvest all or any part of the
fund in such securities, investments, or other property as to them
shall seem advisable without being restricted to those classes
of securities which are lawful for the investment of trust funds
under the laws of this state.
Sec. 4. Such trustees shall receive no compensation for their
services, but shall be reimbursed from the trust estate for all
their expenses and disbursements. They may employ such officers
or agents as they think best, define their duties, and fix their
compensation. The trustees may also appoint a trust company, national
bank or private banker as custodian of the trust estate and may
employ an investment advisor or advisors, define their duties,
and fix their compensation.
Sec. 5. Such trustees shall pay ratably among the holders of shares
then outstanding quarterly dividends which shall approximately
equal in each fiscal year the net income of the trust.
Sec. 6. This act shall take effect immediately.
STATE OF NEW YORK, } } ss.: Department of State }
I have compared the preceding with the original law on file in
this office, and do hereby certify that the same is a correct transcript
therefrom and of the whole of said original law.
Thomas J. Curran,
Secretary of State.
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