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A Church Must Notify Of Security Breach

From the October 2021 newsletter edition.
Category: Compliance

It has become common to hear about security or data breaches at large companies. Some breaches arise from ransomware attacks where information is held hostage in lieu of a payment of money. In other cases, the data is leaked to the public risking identify theft of the customers. Every organization is at risk. Church leaders should consider what risks the ministry faces when it comes to security breaches. To a hacker, a church may be…

Church Preschools Open to Disabled Children

From the October 2019 newsletter edition.
Category: Compliance

Some churches operate a daycare and/or preschool for the children of the congregation and the public. For many facilities, there is an application process for the admission of new students. Churches should consider their admissions policies for children with special needs. This point was illustrated in a 2018 church case. Calvary Church operates Calvary Child Development Center in Charlotte, North Carolina. In 2016, a group of five parents sued Calvary Church with a claim of…

Service Animals May Enter Churches

From the January 2019 newsletter edition.
Category: Compliance

As a public place, churches have a responsibility to make their facilities accessible for all. For people with disabilities, special accommodations may become necessary. An accommodation that could be sought from a church is the admittance of a Service Animal. The Americans With Disabilities Act (ADA) defines a Service Animal as a dog or miniature horse that is trained to do work or perform tasks for an individual with a disability. The task may be…

Churches May Adopt Traffic Regulations

From the July 2018 newsletter edition.
Category: Compliance

For many churches, parking can be a challenging issue to manage. There may not be enough parking and enforcement becomes a necessary practice. In some instances, access onto a main street of traffic can cause safety issues for its members and the public. Church leaders should understand what authority they have to regulate the flow of traffic on church property. North Carolina law allows the governing body of any religious organization to establish rules and…

Church Corporations Have Specific Powers

From the April 2018 newsletter edition.
Category: Compliance

Every so often, I get a phone call from a ministry leader asking about allowable activities for the church. In many instances, the question concerns an activity the church is considering undergoing and wants some guidance as to whether they can engage in an endeavor. This question is answered by taking a look at two authorities. First, we must consider what activities are permitted under North Carolina state law. Secondly, a church should look at…

Some Charitable Solicitations Require NC License

From the July 2017 newsletter edition.
Category: Compliance

Some churches have auxiliary nonprofit organizations as a part of their community service. These establishments may not be religious organizations per se. They could be foundations, community service groups or commercial ventures. Charitable donations may be solicited from the public to fund these organizations. North Carolina has laws that regulate activities associated with soliciting donations from the public. One of the requirements of the law is that nonreligious solicitors be licensed to operate in the…

Remedies For Returned Checks

From the April 2017 newsletter edition.
Category: Compliance

Churches receive donations from their members, visitors and the public. For donations made with checks, churches face the risk the checks may be dishonored by the financial institutions on which the checks are drawn. When this happens, churches may have remedies available to them if they follow the law in North Carolina. In North Carolina, if a person, firm or corporation gives a check to a church he/she is obligated for the funds represented by…

Immigration Laws Apply to Churches

From the April 2017 newsletter edition.
Category: Compliance

It has been widely publicized in the press that some churches provide a safe harbor to undocumented immigrants from deportation from the United States. With the growing concern about Federal immigration policies, some churches are wondering what should be their position on the matter. Your church could possibly find itself confronted with such a request. This article examines the legal and governance issues of providing sanctuary for undocumented immigrants from expulsion from the United States….

Church Political Activity is Limited

From the October 2016 newsletter edition.
Category: Compliance

In this season for political activity, some churches have asked what limitations or laws exist on their ability to participate in election campaigns. In this Special Election Edition of Legal Counsel for Churches, we will explore some of the rules the Internal Revenue Service follows for churches. Churches and religious organizations enjoy special tax benefits. Favorable tax laws were enacted because of the unique role religion plays in society. Further, these laws originated from US…

Some Ministers’ Conversations Are Privileged

From the July 2016 newsletter edition.
Category: Compliance

The relationship between a minister and a person seeking counseling can carry significant legal weight. It is important for church leaders to know when communications between ministers and others is privileged. A privileged communications is one where one side may prevent the other side from divulging the information to a third party. The privilege is generally owned by the person who has the conversation with the minister. In this case, a person receiving counseling is…

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