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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….

Strategic Planning For Churches

From the January 2017 newsletter edition.
Category: Governance

Strategic planning is often thought to be an exercise reserved exclusively for corporations and for-profit businesses. Businesses engage in planning to select the right markets, products and prices for their customers. While strategic planning is essential to a business’ success, it is just as important for churches and ministries. Strategic planning is a corporate governance matter for boards and management of church organizations. In this article, we explore why strategic planning is important to church…

Churches Should Define Governing Boards

From the January 2017 newsletter edition.
Category: Governance

When it comes to governance, North Carolina law requires churches to decide on the type of corporate structure that will be followed. If the church operates with a board, the church should choose its type. For starters, the State law assumes that each church will have a board of directors. The board could be known by a variety of titles. In some instances, the deacons act as the governing body. Some churches are led by…

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 Meetings Require Notice

From the July 2016 newsletter edition.
Category: Governance

From time to time, churches find it necessary to have meetings with their members. Membership meetings may be held to handle routine business, elect officers and/or plan for the future of the church. One of the keys to holding a successful and legal church meeting is to provide adequate notice. Notification requires a publication that a meeting will occur and what topics will be discussed at the meeting. Generally, there are two kinds of church…

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…

Sale of Church Property

From the April 2016 newsletter edition.
Category: Compliance

Many churches, like other corporations, have the right to own property. The right to own property include the right to dispose of property. Some property transactions occur in the normal course of business. This may include the sale of books, tapes or trading a church vehicle. Occasionally, a church may have a need to dispose of a substantial portion of its property. This kind of transaction must be handled differently than sales in the normal…

Some Church Vans Face Safety Risks

From the April 2016 newsletter edition.
Category: Risk Management

It is not uncommon for churches to offer transportation to members of their congregation and the public. Group rides are given to persons who attend church services and other events. For many churches, transportation is provided on 15-passenger vans. The National Highway Traffic Safety Administration (NHTSA) has issued a consumer advisory urging colleges, church groups, and other users of 15-passenger vans to take specific steps to keep drivers and passengers safe — including buckling up…

Negotiating the Pastor’s Contract

From the January 2016 newsletter edition.
Category: Contracts

Many organizations have a written contract with their chief executive officer. The agreement sets forth the terms of employment and establishes a common understanding of the position description. There are many benefits to having a written employment contract. One of the most important duties of a presiding church board is coming to an agreement with the pastor on employment issues. Employment concerns may include compensation, benefits, retirement, performance expectations and length of the engagement. Employment…

Dual Control is a Governance Issue

From the January 2016 newsletter edition.
Category: Risk Management

Churches face the same kinds of risks as other businesses. Churches have assets that should be protected. Churches face the dangers of theft, fraud and embezzlements. Churches need proper safeguards to safeguard their properties. One of the most common activities of a church is the receipt of donations from its membership. Contributions are often the primary form of revenue for a church. Church members are eager to support their ministry. As a result, church members…

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