Article IV : Other Lawful Provisions .
PROPRIETORS THE CEMETERY OF MOUNT AUBURN Restated Articles of Organization
Continuation Page 4A
Subject to the limitations set forth below , the Corporation shall have the following powers : ( 1 ) the powers set forth in Massachusetts General Laws c . 180 , § 6 and c . 156B , § 9 ( a ) through ( k ), § 9 ( o ) and § 9 ( p ); ( 2 ) the power to be a partner with one or more other organizations in any enterprise which carries out the purposes on which the Corporation ' s tax-exempt status is based ; and ( 3 ) the power to pay pensions and to establish and carry out pension , savings , thrift and other retirement and benefit plans , trusts and provisions for any or all of its trustees , directors , officers and employees .
( a ) Notwithstanding any other provision of these Articles , the Corporation shall not carry on any activities not permitted to be carried on by a corporation exempt from Federal income tax under § 501 ( c )( 13 ) of the Internal Revenue Code or subject to Chapters 180 and 114 of the General Laws of Massachusetts .
( b ) No part of the net earnings of the Corporation shall inure to the benefit of any private individual .
( c ) The Corporation may at any time petition for dissolution in accordance with the then applicable provisions of law .
( d ) No director , trustee , or officer of the Corporation shall be personally liable to the Corporation for monetary damages for breach of fiduciary duty as a trustee , director or officer ; provided , however , that this paragraph shall not eliminate or limit the liability of a trustee , director or officer of the Corporation ( i ) for any breach of the trustee ’ s , director ' s or officer ' s duty of loyalty to the Corporation , ( ii ) for acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of law , or ( iii ) for any transaction from which the trustee , director or officer derived an improper personal benefit . No amendment , modification or repeal of this paragraph , directly or by adoption of an inconsistent provision of these Articles , shall apply to or have any effect on the liability or alleged liability of any trustee , director or officer of the Corporation for or with respect to any acts or omissions of such trustee , director or officer occurring prior to such amendment , modification or repeal .