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The Constitution and Bylaws (The Process for Filing Incorporation (Request…
The Constitution and Bylaws
Documents
They state who you are and why you exist as a church or religious out-for-profit organization
They describe and define the theology, doctrine, polity, dogma, and philosophy of your church or organization
They describe the membership of your church, how one becomes a member and how one leaves membership
It defines who are the leaders of the membership
They spell out how the church will carry out its business and operation
They spell out the decision-making responsibilities of major groups in the church and the process they use to make those decisions
They identify the legally constituted authority that exists in the church or organizaiton
Constitution and Bylaws Defined
Constitution:
a definitive statement of the name, location, doctrinal purpose, and rules of conduct of the church.
Bylaws:from the Old English loosely translated "village law."
Writing Constitution and Bylaw Documents
The pastor must provide the leadership
Establish a committee if that assignment has not already be made by other documents in the church
Conduct research
Consider any present documents of polity and policy
Consider examples from denominational resources, other churches, and professional literature
Review all reports of business meetings or meetings where church-wide decisions were made
Determine if there exists any federal, state, or local government regulations that are applicable to the church and need to be included in the documents
Keep the congregation informed and involved
Adopt the documents by a church-wide vote
Publish the document and make it available to all staff, leaders, and organizational groups in the church.
Incorporation
The filing of an application that identifies the institution, place of meeting, its officers and incorporators
A filing fee
Some provisions for reporting to the state proof that the organization is operating as chartered
The Process for Filing Incorporation
Request an information packet from the state attorney general's office
Retain legal counsel to draw up the formal document
Select incorporators-the individuals named in the document who will draw up the articles of incorporation
Review requirements for incorporation
Identify what other not-for-profit organization will receive the assets of the church or organization in the eventuality of dissolvement of the church or organization.
File the articles of incorporation with the appropriate authority
Hold the initial meeting of the incorporated church or organization
Legally transfer all assets of the unincorporated church or organization to the new incorporated, nonprofit, religious organization
Prepare and record the dissolution of the unincorporated church
Modify bylaws or policy and procedure documents to ensure any requirements of review or reporting are developed and implemented