January 4, 2017
When an organization becomes incorporated, it gains the same legal rights and responsibilities as an individual. That’s true for churches and ministries, just as it is for businesses. Incorporation takes the weight of responsibility off the shoulders of individuals and instead, places it on the organization. In contrast, a court may find all members of an unincorporated church legally responsible for negligent or criminal actions committed by one church member.
Incorporated churches and ministries have several advantages
Churches and other ministries should consider incorporation for a variety of reasons. The most important is to protect individual members from personal liability associated with the negligent actions of fellow members.
Incorporated ministries also enjoy other benefits:
Complete incorporation at the state level
Incorporation takes place at the state level, often through the Secretary of State’s office. When incorporating, first contact an attorney who is familiar with not-for-profit laws in your state. The attorney will prepare a document known as Articles of Incorporation and help you establish your corporation’s unique name, a statement of organizational purpose, and operational bylaws.
According to Michael Allison, vice president and chief counsel at Brotherhood Mutual Insurance Company, church bylaws should include the following elements:
Once you establish your church’s bylaws, use the bylaws as a guide by which your ministry operates. Doing otherwise can create legal problems, especially if church leaders reach major decisions in a manner inconsistent with your bylaws.
Review bylaws regularly
Your ministry should appoint a task force to evaluate its bylaws at least every two years. This group should operate strictly within the established rules for changing bylaws and should consult an attorney before finalizing official changes. Many states also require incorporated ministries to submit annual paperwork, such as an annual report to the Secretary of State’s office.
One positive aspect of today’s challenged economy is the availability of underutilized or empty commercial space. Before your ministry takes the plunge into a lease agreement, we want to make sure you're well-informed and prepared to avoid some common pitfalls.
In this month's perspective on the insurance market, I wanted to talk about the massive upward trending we are seeing in cancellation of policies. Our agency has observed a remarkable surge in inquiries from churches not currently under our insurance coverage. These churches are facing non-renewal by their existing carriers, a trend that has expanded beyond the norm of non-renewals due to excessive losses. Instead, carriers are now opting not to renew based on the risk profile of the ministry, which encompasses factors like geography, insured value, and construction type.
There are so many insurance policies to consider when it comes to protecting your ministry, and keeping track of each one’s coverages can be a mind-numbing task. One that I often hear confusion about is the Excess Liability policy, more commonly referred to as an Umbrella. While these terms aren’t exactly interchangeable in the broader insurance world, they do have a lot of overlap. For purposes of understanding your Brotherhood Mutual policy, they are basically synonymous.
In recent times, our team has observed a growing demand for key man life insurance, particularly within the realm of church leadership. Pastors are the spiritual pillars of their congregations, providing guidance, support, and a sense of community. While their spiritual contributions are invaluable, it's equally important to consider their financial well-being and the stability of the church should an unforeseen tragedy occur.
The holiday season is fast approaching, and it's time to prepare for the festive cheer, delicious food, twinkling lights, and heartwarming gatherings. But amidst all the joy and celebration, let's take a moment to reflect on something essential - the well-being of our ministry leaders.
Water damage due to plumbing leaks and frozen pipes is a leading cause of property claims for ministries. The damage is often made worse because ministry buildings are typically not in use every day. Last year, nearly 1,000 Brotherhood Mutual Insurance Company customers were impacted. To help protect ministries from experiencing costly water damage and disruptions, Brotherhood Mutual® recommends FloLogic, a comprehensive solution that can detect even the smallest water leak and automatically shut off the water to prevent flooding.
Let's take a stroll down memory lane to 1938 when General Electric made a groundbreaking move by introducing fluorescent tubes to the world. Even though the technology had been brewing since the late 1880s, it took time and the genius of several inventors to make it shine as a practical product.
We are living in a day and age of tremendous uncertainty. Like Joseph in Egypt, the physical world is incredibly unpredictable.
In the ever-changing realm of finances, the past few years have brought forth a whirlwind of alterations. Looking ahead, the next five years promise their fair share of surprises and uncertainties.
In the dynamic landscape of today's world, managing the HR needs of any ministry can be a complex and ever-changing endeavor. Whether you're dealing with sensitive situations that demand careful handling to avoid legal entanglements or aiming to proactively establish risk management strategies, the journey can be demanding.
As we gear up for the upcoming school season, it's a fantastic opportunity to take a closer look at the coverage we offer to our beloved students and dedicated volunteers.
Are you tired of constantly hearing about rising expenses? It seems like every time I turn around, whether it's at the grocery store, the gas station, or even dealing with insurance, I'm faced with the reality of higher costs.
Let's face it, the world is constantly changing, and it's fascinating to witness the rapid evolution happening around us. Some futurists even predict that in the next two decades, the rate of change could be four times what it is today, and an astounding 16 times in 40 years.