TITLE XXIX
RELIGIOUS SOCIETIES

Chapter 308
DISSOLUTION

Voluntary Dissolution

Section 308:1

    308:1 By Vote. – Any religious society may, by vote of 2/3 of the qualified members present and voting at a meeting legally called for that purpose, dissolve its corporate existence.

Source. 1917, 42:1. PL 234:1. RL 283:1.

Section 308:2

    308:2 When Effective. – The dissolution of a religious society shall not be effective until such society shall have conveyed and transferred all its property in accordance with a vote as provided in this chapter.

Source. 1917, 42:2. PL 234:2. RL 283:2.

Section 308:3

    308:3 Transfer of Property. – A religious society may, by a 2/3 vote at a meeting legally called for that purpose, vote to convey and transfer all of its right, title, and interest in and to all of its property, real and personal, including property and funds held by it in trust, to either the local church organization, to the state organization of churches or, if there is no state organization, to any general organization of churches with which such society is affiliated.

Source. 1917, 42:3. PL 234:3. RL 283:3.

Section 308:4

    308:4 Subsequent Use. – The property conveyed and transferred as provided in RSA 308:3 shall be held and administered upon the same trusts, terms, and conditions as it was held by the society making the conveyance or transfer.

Source. 1917, 42:3. PL 234:4. RL 283:4.

Section 308:5

    308:5 Donations After Dissolution. – If money or other property shall be donated, devised, or bequeathed to such religious society, in trust, for advancing its objects after its dissolution, the church or general body to which the religious society conveyed and transferred its property prior to its dissolution becoming effective shall be entitled to receive and hold the money or property, subject, however, to the terms, conditions, and trusts imposed by the donor or testator.

Source. 1917, 42:3. PL 234:5. RL 283:5.

Section 308:6

    308:6 Certificate. – Upon completion of all of the conveyances and transfers provided for in RSA 308:3, the clerk of the dissolved society shall file in the office of the secretary of state a certificate setting forth the vote to dissolve and the fact that the conveyances and transfers have been made, to what church or organization they have been made, what property was conveyed and transferred, and the dates of the several conveyances and transfers.

Source. 1917, 42:4. PL 234:6. RL 283:6.

Involuntary Dissolution

Section 308:7

    308:7 Definition. – Any church or religious society in this state which has ceased or failed to maintain worship or services for a period of 2 consecutive years, or whose membership or financial strength is so diminished as to render it impossible or impracticable for such church or society to maintain religious worship or services or to protect its property from waste and dilapidation, or to fulfill the purpose for which it was incorporated, shall be deemed and taken to be extinct.

Source. 1931, 9:1. RL 283:7.

Section 308:8

    308:8 Procedure; Notice. – When in the judgment of the state body of any denomination, or, in case there is no state body, of the superior body of such denomination, any church or religious society affiliated with such denomination shall have become extinct under the definition of RSA 308:7, such body may file, in the superior court for the county in which such church or religious society has been theretofore situated, a bill in equity setting forth the facts and asking that the title to the property of such church or religious society, real and personal, including invested and uninvested funds, be vested in such body. In every such bill in equity, the church or society alleged to be extinct shall be named as defendant. Summons shall be issued and served as provided for in other equitable proceedings; and if no officer of such church or society can be found upon whom service of process can be had, the court, upon affidavit showing such fact, may order notice to be served upon some one or more members of such church or society; and, if no such officer or member can be found, the court, upon affidavit showing such fact, may order notice by publication. Notice shall also be given to the attorney general.

Source. 1931, 9:1. RL 283:8. RSA 308:8.

Section 308:9

    308:9 Decree. – If, upon hearing, the court shall find that the allegations of the bill in equity filed pursuant to RSA 308:8 are true, a decree may be entered in conformity with the prayer of the bill, or with such modifications as justice requires, and upon such terms as to the trusts and conditions upon which the state or superior body shall hold the property vested by the decree as the court may determine that justice requires.

Source. 1931, 9:1. RL 283:9.

Section 308:10

    308:10 Saving Clause. – RSA 308:7-9 shall not apply to any property the vesting of which, in case of the extinction of the church or religious society, is or shall be provided for in any other manner than prescribed in this chapter.

Source. 1931, 9:1. RL 283:10.