In today’s legal climate, objections to incorporating a church based on submission to the authority of the state are obsolete. Constitutional and statutory protections for the internal operations of religious organizations have been firmly established in law for over a century. However, exposure to civil liability for a wide range of actions or omissions is also well established in the law. Incorporation does not add to or reduce a religious organization’s protection or obligation legally.
The remaining issues for religious organizations to consider are:
When considering whether or not to incorporate, it is recommended that you consult with a local attorney to determine how the law in your jurisdiction applies to these two issues.
Proper incorporation of a new entity requires the following steps:
Because many of the steps above have significant legal consequences, it is recommended that a local attorney be involved in incorporating any new entity.
If you found this information helpful, you might be interested in these other resources from Brotherhood Mutual:
Learn more about ministry incorporation in our article, "Why and How to Incorporate Your Church."
Visit our Safety Library to find other articles, publications and tools on wide range of topics relevant to your ministry.
*Important information: Brotherhood Mutual is pleased to provide Legal Assist as a complimentary resource. The services we offer through Legal Assist are intended to provide general legal information to our current and prospective policyholders.
The information we provide is intended to be helpful, but it does not constitute legal advice and is not a substitute for the advice from a licensed attorney in your area. Accordingly, no attorney/client relationship is created through this process, and no legal advice will be provided. We strongly encourage you to regularly consult with a local attorney as part of your risk management program.
Thank you for your interest in Brotherhood Mutual. We appreciate the opportunity to provide your church or other ministry with an insurance quote and will reply to your request as soon as possible.
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