The Church Lawyers routinely assist clients with the formation of new churches, ministries and other charitable organizations.
We will help you explore different organizational structures that best suits the your objectives while also creating a strong legal foundation on which to build your organization.
During this process, we also evaluate the likelihood of qualifying as a section 501(c)(3) tax-exempt organization. Once this analysis is complete and the organizational structure is determined, we draft and file entity formation documents such as the certificate of formation or articles of Incorporation, bylaws and initial corporate resolutions.
Our attorneys provide seasoned and wise counsel to organizations considering the development of nonprofit and for-profit subsidiaries intended to promote the protection of tax-exemption, avoidance of liability or for the organization’s future growth and expansion.
The corporate documents of a church are a key feature to the church’s success as they establish a foundation and operating rules for the church’s corporate structure and ongoing governance.
The bylaws should clearly define the church’s legal and religious purposes, include a statement of faith, clearly articulate the leadership structure and identify critical decision-making authority for the church.
Whether your church or ministry is member-led or board-led, or some variation in between, our attorneys are experienced in reviewing and revising corporate documents to ensure they appropriately represent your organization while simultaneously complying with federal and state law and conform with best practices recommendations.
As an increasing number of churches are looking to consolidate their efforts, finances and property with the hopes of more effectively reaching their communities together, we routinely assist our clients on legal issues related to the merger, or joining together, of two separate churches or ministries into a single organization.
The joining together of two nonprofits can take numerous forms depending on a number of variables and could include an actual merger or involve a sale or donation of assets from one entity to another.
Our attorneys evaluate all factors to assess the best vehicle for accomplishing the desired outcome of joining two organizations together and then assist our clients by preparing all necessary paperwork to effectuate the entities combination.
The Church Lawyers provide a streamlined start-to-finish process to assist our clients: from identifying issues to evaluate during the feasibility analysis of a proposed merger, to walking clients through a thorough due diligence process and ultimately to the merger’s conclusion, The Church Lawyers are ready to provide counsel at each step of the way to ensure the merger is accomplished in a timely and cost-effective manner.
Additional Formation Services
- Analysis of Appropriate Entity Type
- Religious Liberty Analysis and Guidance
- Articles of Incorporation (Certificate of Formation)
- Formation of Board of Directors, Officers, and Committees
- Initial and Revised Corporate and Governing Documents
- Multi-Site and Multi-Entity Arrangements
- Restructuring Options
- Entity Conversions
- Joint Ventures
- Mergers and Acquisitions
- Donations (and Dissolutions)
- Federal Employer Identification Number
- State (Commonwealth) Franchise and Related Tax Registrations
- Charitable Solicitation Registration and Compliance
- Assumed Name Applications and Registrations
- “Doing-Business-As” Applications and Registrations
- Federal Tax Exemption (see IRS)