§ 61-1. Trustees may be appointed and removed.
Chapter61.
Religious Societies.
§ 61‑1. Trustees may beappointed and removed.
(a) The conference,synod, convention or other ecclesiastical body representing any church orreligious denomination within the State, as also the religious societies and congregationswithin the State, may from time to time and at any time appoint in such manneras such body, society or congregation may deem proper, a suitable number ofpersons as trustees for such church, denomination, religious society, orcongregation. The body appointing may remove such trustees or any of them, andfill all vacancies caused by death or otherwise.
(b) A person serving asa trustee appointed pursuant to subsection (a) of this section or a director orofficer of a religious society shall be immune individually from civilliability for monetary damages, except to the extent covered by insurance, forany act or failure to act arising out of this service, except where the person:
(1) Is compensated forhis services beyond reimbursement for expenses,
(2) Was not actingwithin the scope of his official duties,
(3) Was not acting ingood faith,
(4) Committed grossnegligence or willful or wanton misconduct that resulted in the damage orinjury,
(5) Derived an improperpersonal financial benefit from the transaction,
(6) Incurred theliability from the operation of a motor vehicle, or
(7) Is sued in an actionthat would qualify as a derivative action if the organization were a for‑profitcorporation or as a member's or director's derivative action under G.S. 55A‑28.1or G.S. 55A‑28.2 if the organization were a nonprofit corporation.
The immunity in thissubsection is personal to the officers, directors, and trustees and does notimmunize the organization for the acts or omissions of the officers, directors,or trustees. (1796, c. 457, ss. 1, 2; 1844, c. 47; 1848, c. 76;R.C., c. 97; Code, ss. 3667, 3668; Rev., ss. 2670, 2671; C.S., s. 3568; 1987,c. 799, s. 1.)