(Under Section 402 of the Not-for-Profit Corporation Law of the State of New York)
Each of the undersigned, being a natural person of at least eighteen years of age and acting as an incorporator of the corporation hereby being formed under the Not-for-Profit Corporation Law of the State of New York ("NPCL"), certifies that:
FIRST: The name of the corporation is:
INTERNATIONAL CONFERENCE OF SYMPHONY AND OPERA MUSICIANS, INC.
SECOND: The corporation is a corporation as defined in subparagraph (a)(5) of Section 102 of the NPCL.
THIRD: The type of corporation which the corporation shall be under Section 201 of the NPCL is Type A.
FOURTH:
- The corporation is organized, and shall be operated exclusively for, the promotion of the welfare of, and the betterment of the livelihood of, the orchestral performer. In furtherance of the foregoing, the corporation shall have the power and authority
- to represent, promote, protect, and advocate the interests of orchestras and of their future, current, and retired musicians;
- to assist and support orchestras, labor organizations, arts organizations, educational and scientific institutions, and others in their respective efforts to better the lives of professional musicians and serve the art of music;
- to collaborate with other organizations to further the interests of the corporation and its members; and
- to exercise all of the powers conferred upon corporations by the NPCL, subject to any limitations contained herein or in the NPCL.
- Nothing herein shall authorize or empower the corporation to (i) directly or indirectly engage in, or include among its purposes, any of the activities mentioned in Section 404 of the NPCL, or (ii) engage in any act or practice prohibited by Section 340 of the General Business Law or other antimonopoly or antitrust statute of the State of New York.
FIFTH: The office of the corporation is to be located in the County of New York, State of New York.
SIXTH: The name and the address of each of the initial directors of the corporation are as follows:
| Name | Address |
|---|---|
| David R. Angus | Rochester, New York 14610 |
| Robert Levine | Glendale, Wisconsin 53209-1862 |
| Lucinda Lewis | New York, New York 10001 |
| Marsha Schweitzer | Honolulu, Hawaii 96822 |
| Stephanie Tretick | Pittsburgh, Pennsylvania 15217-2619 |
SEVENTH: The duration of the corporation is to be perpetual.
EIGHTH: The Secretary of State is designated as the agent of the corporation upon whom process against the corporation may be served. The post office address within the State of New York to which the Secretary of State shall mail a copy of any process against the corporation served upon him is: c/o RubinBaum LP, 30 Rockefeller Plaza, New York, New York 10112, Attention: Stephen L. Solomon.
NINTH: The conditions of membership in the corporation, if any, shall be established in the bylaws of the corporation.
TENTH: Except to the extent, if any, permitted by the NPCL, no part of the assets, income, profits or net earnings of the corporation shall inure to the benefit of, or be distributable to, its members, if any, trustees, if any, directors or officers.
ELEVENTH: Upon the dissolution of the corporation, the Executive Committee of the corporation shall, after paying or making provisions for the payment of all liabilities of the corporation, distribute all of the assets of the corporation to one or more corporations or other organizations engaged in activities substantially similar to those of the corporation subject, if so required by applicable law, to the approval of a Justice of the Supreme Court of the State of New York.
Subscribed and affirmed by the undersigned as true under the penalties of perjury on September 8, 2000.
Incorporator’s signature: Daniel Besdin
Incorporator’s address: c/o RubinBaum LLP 30 Rockefeller Plaza New York, New York 10112
Adopted 8/17/2002