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Sample Indemnification Provisions for Ministry Bylaws

You may copy and paste this sample policy text to help create your own policy documents. A licensed attorney in your area should review final drafts.

3 min read

About this Policy

The purpose of an indemnification provision is to protect individuals who are working for the ministry from incurring out-of-pocket costs if they're sued in connection with their work on behalf of the organization.

Your organization should periodically assess its boards and bylaw policies. Consulting regularly with a locally licensed attorney helps ensure your organization complies with applicable law and protects its interests.

SAMPLE POLICY:  
INDEMNIFICATION PROVISIONS FOR MINISTRY BYLAWS

INSURANCE COVERAGE AND INDEMNIFICATION OF MINISTRY LEADERS, EMPLOYEES AND VOLUNTEERS

SECTION 1. INSURANCE. (Name of organization) will purchase and maintain liability insurance on behalf of any and all persons who are or were a director, officer, leader, employee, committee member or volunteer of (name of organization) (while serving in their capacity as such). Such insurance will be purchased for the purpose of protecting such persons from covered loss resulting in liability asserted against the above individuals in connection with their activities on behalf of (name of organization).

SECTION 2. INDEMNIFICATION REQUESTS. Should any director, officer, leader, employee, committee member or volunteer of (name of organization) incur any liability as a result of their affiliation with or service to (name of organization) that is not covered by (name of organization)’s insurance policy, and should such liability result in any out-of-pocket cost to such individual, then such individual may request indemnification from (name of organization). The granting of full or partial indemnification shall be at the discretion of the governing board of (name of organization) as set forth in Section 3 herein.

SECTION 3. INDEMNIFICATION DECISIONS. In relation to any indemnification request that is made pursuant to Section 2 herein, if such request is made by an individual who is not currently serving on the governing board of(name of organization), then the indemnification decision (whether to indemnify the requesting individual, and the dollar amount of such indemnification), will be made by the governing board. Such decision of the governing board will be final. If the indemnification request is being made by a person who is currently serving on the governing board, then the indemnification decision (whether to indemnify the requesting party, and the dollar amount of such indemnification), will be made by the remaining disinterested members of the governing board. A decision on the indemnification request by a majority of disinterested members of the Board of Directors will be final.

Posted 2023
This is a sample handbook policy only. Your organization is responsible for compliance with all applicable laws. Accordingly, this document should not be used or adopted by your organization without first being reviewed and approved by a licensed attorney in your area. Brotherhood Mutual assumes no liability in preparation and distribution of this sample document.

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