The articles of incorporation establish the corporation as a legal entity and provides guidelines for maintaining its existence as a going concern. These provisions are very similar to those found in any type of corporation.
Articles of incorporation are the most important documents for any church. These state that a church will be using and distributing funds to operate their organization. The two major things that make an organization qualify as a church under U.S. law are its having a recognized creed and its use of a formal code of doctrine or worship. These organizations usually have institutionalized rites such as sacraments; an authoritative hierarchy, such as a leader, clergy, and membership; and formal gatherings or services, such as public worship and religious services.
Articles of incorporation for a church are legal documents that must be followed in order to create and maintain a church legally. A church may exist once it has been created but without the Articles of Incorporation for a church, it will always remain as an association of people and will not be considered a legal corporation.
The purpose of this paper is to provide guidelines for drafting articles of incorporation for a church. It first provides information about churches, then introduces the important purposes an organization should fulfill, and lastly it focuses on the most important p…
Articles Of Incorporation For A Church
We, the undersigned, hereby incorporate [name of church], a nonprofit corporation under the laws of the state of [state].
The name of this corporation is [name].
This corporation’s principal place of business is located at [address].
The purpose for which this corporation is organized is to operate as a religious organization and to promote and practice the principles, teachings and doctrines of Christianity.
The name of the corporation is [church name].
The corporation is a nonprofit organization. It is organized under the laws of [state] for religious purposes and not for profit.
Its principal office is in [state], and it may have other offices at such places in or outside the state as the board of directors may determine from time to time.
Its purpose is to provide religious services, teach spiritual truths and principles, and promote the public welfare by providing social services, conducting charitable activities, and engaging in fund-raising activities as part of its ministry.
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Articles Of Incorporation Example PDF
Article 1: Name
The name of this corporation is [name], a non-profit religious organization.
Article 2: Purposes and Powers
(a) The purposes for which this corporation is organized are to engage in any lawful activity permitted by Section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future United States Internal Revenue Law), including, but not limited to:
(i) Religious worship, instruction, and proselytizing;
(ii) Promoting public awareness of moral issues;
(iii) Conducting social welfare programs; and
(iv) Providing for the relief of those in need within its community through donations or other means.
(b) The corporation shall have no powers other than those granted by this Act or bylaws adopted pursuant to this Act.
Introduction
What is an articles of incorporation?
An “articles of incorporation” is a formal document that creates a legal business entity. It’s used to start non-profit organizations and other businesses. In this guide, we’ll be focusing on creating articles of incorporation for a church specifically. If you’re not starting a church, this article will still help you understand the process.
Legal Name of the Corporation
The legal name of the corporation should be the same as the name of your church. If you do not have a church yet, it is permissible to use a name that is similar to the one you will eventually choose. For example:
- If your church’s name is “Welcome Community Church,” then its legal name should be “Welcome Community Church.”
- If your church’s name is “The New Life Missionary Baptist Church,” then its legal name could be either “New Life Missionary Baptist” or “New Life Missionary Baptist Church.”
- If your church has no specific religious affiliation and simply wants something nondescriptive like “Outreach Center” or “Justice League,” then its legal name can also be anything generic like those examples above.
Purpose of the Corporation
You may choose to include the following language in your Articles of Incorporation:
- The corporation is organized exclusively for the religious purpose of providing a place where people can go to worship and pray.
- The corporation is not for profit, but its income shall be used exclusively for religious purposes.
- The corporation does not wish to be classified as a church or religious organization, as this may cause legal issues when applying for state and federal tax exempt status.
Registered Agent and Address
A Registered Agent is a person or entity designated by the corporation to receive service of process and other official papers on behalf of the corporation. The Registered Agent should be located in the same state as your business. You may not use a post office box as your registered agent address, but you can use someone else’s physical address if they agree to act as your agent.
In addition, it is strongly recommended that you have an attorney-in-fact for each director of your church acting as agent for service of process (if other than yourself). If there are no directors, then all members should designate another member as their agent for service of process. However, this individual must also be approved by the Secretary of State before becoming legally effective.
Officers, Directors and Incorporator
The incorporator is the person who signs and files the Articles of Incorporation. The directors are elected by members to oversee the church corporation’s affairs, including collecting funds and carrying out legal duties.
A president is a director elected by members to lead the corporation as chief executive officer. A secretary keeps minutes of all meetings and records votes. A treasurer manages money matters; he or she may be elected as part of a committee or work on his or her own. Members are those people who have been baptized into membership in your church organization; they elect trustees (or deacons) who hold office until their terms expire, usually for one year terms at a time.
These are the things that need to be in your articles of incorporation for a church.
- Name of the corporation. This is the legal name of your church. It must be clearly distinguishable from any other existing entity, both for reasons of efficiency and to avoid confusion.
- Purpose of the corporation. Why does your church exist? What activities will it perform?
- Registered agent and address. You’ll need an address where all legal documents can be sent so that you can keep track of them and make sure they get filed in a timely manner (you don’t want to miss deadlines). In addition, many states require that you have someone who lives in or near that state designated as your registered agent; this person will receive official notices on behalf of your organization should something need to be done quickly or immediately after being received by mail at their address.
- Officers/Directors/Incorporator(s) The names, titles, addresses and signatures of those who own shares in this business venture
Conclusion
It is very important to make sure that you have all of the items we discussed in your articles of incorporation. This will ensure that you are legally protected and can run your church without any issues. If you are unsure about something, make sure to take it up with an attorney so they can advise on what needs to be included or what doesn’t belong in your articles of incorporation for the church. It is better to be safe than sorry when you are starting a new business venture!
religious organization articles of incorporation
A religious corporation is a nonprofit formed for religious purposes. When properly formed and managed, religious corporations are usually eligible for federal 501(c)(3) tax-exempt status. Our free Religious Corporation Articles of Incorporation template can be customized to fulfill the filing requirements in most states and includes the special language and provisions required by the IRS for 501(c)(3) tax-exempt nonprofits.
RELIGIOUS NONPROFIT ARTICLES
Religious Corporation Articles of Incorporation – Free Template
Our free Religious Corporation Articles of Incorporation template is easy to use and easy for state agencies to understand and process. Just keep in mind that the form and the instructions below do not constitute legal advice and should not replace competent legal counsel.
What Should Religious Corporation Articles Of Incorporation Include?
The requirements for forming a religious corporation vary from state to state, but our free Religious Corporation Articles of Incorporation include the most common details. You can easily adapt or customize the template to suite your state’s specific needs.
Article 1: Name
Before you file your articles with the state, consider doing a business name search to check for your name’s availability in advance. Most states will expect your nonprofit’s name to be fairly unique (or at least distinguishable from the names of other organizations), and you’ll need to avoid misleading names. You may also need to include a corporate suffix (“corporation,” “inc.,” etc.) at the end of your nonprofit’s name if it’s a corporation.
Article 2: Existence
Your religious nonprofit corporation can exist perpetually (without an end date known in advance), or it can have a fixed dissolution date. Most organizations choose to exist perpetually.
Article 3: Effective Date
An organization’s “effective date” is simply its official start date. A nonprofit’s effective date is usually the same as its filing date—the date the state processes the nonprofit’s articles—but some states allow nonprofits to delay their effective dates for a specified period after filing (usually up to 60 or 90 days).
Article 4: Members
A member is an individual or business entity with a formal relationship to a nonprofit corporation that often includes the right to vote for directors and to otherwise weigh in on other major organizational decisions (selling off assets, for instance, or merging the nonprofit with another organization), though some nonprofits have nonvoting members and many nonprofits don’t have members at all.
Article 5: Type of Nonprofit Corporation
This article identifies the type of nonprofit corporation you intend to form: a religious corporation.
Article 6: Registered Agent and Office
Your religious nonprofit will need to appoint a registered agent to receive service of process (legal notices) on its behalf. This can be an individual, including yourself, but we recommend hiring a registered agent service like Northwest. In any case, your articles will include the name and physical location, called the registered office, where the agent will be available during normal business hours to receive legal notices and other official state documents.
Article 7: Principal Office
Your organization’s principal office is the place where it conducts business, an address that may or may not be in your state of incorporation. Most states require that you list a street address.
Article 8: Mailing Address
Include a mailing address if your nonprofit’s mailing address differs from the address of its principal office.
Article 9: Directors
This article includes basic information (names and addresses) about your nonprofit’s initial directors. State requirements vary, but it’s fairly common for nonprofits to have three or more initial directors.
Article 10: Indemnification
This article secures the nonprofit’s directors, officers, incorporators, members, and employees against personal liability for the nonprofit’s, so long as their actions are legal and in good faith.
Article 11: Purpose
This article describes your nonprofit’s purpose. If your nonprofit intends to seek 501(c)(3) federal tax-exempt status, its statement of purpose must contain specific tax-exempt language required by the IRS—language already included in Northwest’s free Nonprofit Articles of Incorporation template. In general, 501(c)(3) status describes public or private charities focused on the pursuit of charitable, religious, educational, or scientific goals.
Article 12: Prohibited Activities
If your nonprofit wants to qualify as a 501(c)(3) tax exempt organization, it must permanently dedicate its income and assets to IRS-approved nonprofit purposes (apart from reasonably compensating individuals for services rendered), ensure that the carrying on of propaganda and/or lobbying never makes up a substantial part of the organization’s activities, and avoid political campaign activism altogether. This article includes specific IRS language disallowing these activities.
Article 13: Distributions Upon Dissolution
Nonprofits seeking 501(c)(3) tax-exempt status must ensure that their income and assets never go toward personally enriching their directors, officers, members, or any other individual—and this includes if or when the nonprofit shuts down. This article—the dissolution clause—ensures that, apart from paying its debts, any distributions made in the event of the nonprofit’s dissolution will go toward furthering its nonprofit goals or get distributed to the federal, state, or local governments exclusively for the public benefit.
Article 14: Incorporator
Your incorporator is the person who signs and submits your Religious Nonprofit Articles of Incorporation to the state. The incorporator does not need to be part of your nonprofit. When you hire Northwest to form your nonprofit, we’ll be your incorporator.
Are Nonprofit Articles of Incorporation requirements the same in each state?
No. Each state determines its own requirements for a religious nonprofit’s Articles of Incorporation and sets its own filing fees, filing methods, and processing times. You can typically find this information on your state department’s website, but Northwest has already done the research for you. Simply go to our detailed Nonprofit Guide and select your state to find the information you need.
What is the process for filing Nonprofit Articles of Incorporation?
Religious Nonprofit Articles of Incorporation get filed at the state level (usually with the office of the secretary of state). After the state approves your articles, it’s important to take steps to ensure your organization’s independent legal status by starting a bank account, getting a federal employer identification number (EIN) from the IRS, register as a charity (if applicable), and obtain any required state licenses and permits.
