Bill Text: NY S03003 | 2011-2012 | General Assembly | Introduced


Bill Title: Limits the civil liability of directors, officers and trustees of corporations described in S501 (c) (4) of the internal revenue code (charitable organizations) under provisions that limit their civil liability in certain cases.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-02-07 - REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS [S03003 Detail]

Download: New_York-2011-S03003-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3003
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   February 7, 2011
                                      ___________
       Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
         printed to be committed to the Committee on Corporations,  Authorities
         and Commissions
       AN  ACT  to  amend  the  not-for-profit  corporation law, in relation to
         liability of directors, officers and trustees of certain corporations
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section  720-a  of the not-for-profit corporation law, as
    2  added by chapter 220 of the laws of 1986, is amended to read as follows:
    3  S 720-a. Liability of directors, officers and trustees.
    4    Except as provided  in  sections  seven  hundred  nineteen  and  seven
    5  hundred  twenty  of  this  [chapter]  ARTICLE,  and except any action or
    6  proceeding brought by the attorney general or, in  the case of a  chari-
    7  table  trust,  an  action  or  proceeding against a trustee brought by a
    8  beneficiary of such trust, no person serving without compensation  as  a
    9  director, officer or trustee of a corporation, association, organization
   10  or  trust  described in section 501 (c) (3) OR 501 (C) (4) of the United
   11  States internal revenue code shall be liable to any  person  other  than
   12  such corporation, association, organization or trust based solely on his
   13  or  her  conduct  in  the execution of such office unless the conduct of
   14  such director, officer or trustee with respect to the  person  asserting
   15  liability  constituted  gross  negligence  or  was intended to cause the
   16  resulting harm to the person asserting such liability. For  purposes  of
   17  this  section,  such a director, officer or trustee shall not be consid-
   18  ered compensated solely by reason  of  payment  of  his  or  her  actual
   19  expenses incurred in attending meetings or otherwise in the execution of
   20  such office.
   21    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00368-01-1
feedback