Corporations must be formed under the enabling legislation of a state or the federal government, since corporations may lawfully exist only by consent or grant of the sovereign. Therefore, in drafting pre-incorporation agreements and other instruments preliminary to incorporation, the drafter must become familiar with and follow the particular statutes under which the corporation is to be formed.
The Florida Resolution to Incorporate as Nonprofit Corporation by Members of a Church operating as an Unincorporated Association is a legal process that allows a church to formally become a nonprofit corporation in the state of Florida. Incorporating as a nonprofit corporation provides the church with various benefits and legal protections. To initiate this process, members of the church, who are currently operating as an unincorporated association, must pass a resolution expressing their intent to incorporate as a nonprofit corporation. This resolution should include specific details about the church, its mission, and the purpose of incorporation. Keywords: Florida, Resolution, Incorporate, Nonprofit Corporation, Members, Church, Unincorporated Association, Legal Process, Benefits, Legal Protections, Intent, Mission. There are different types of resolutions that can be considered when incorporating as a nonprofit corporation in Florida. Some of these variations include: 1. General Resolution: A general resolution is the most common type of resolution and is typically used for standard incorporation purposes. It outlines the basic details of the church, such as its name, purpose, and the individuals authorized to sign the incorporation documents. 2. Religious Affiliation Resolution: Some churches may choose to include a religious affiliation resolution, which specifies the denomination or religious organization to which the church is affiliated. This type of resolution may be required by certain religious organizations or may simply be included to declare the church's religious identity. 3. Bylaws Adoption Resolution: Along with the resolution to incorporate, churches must adopt bylaws that outline the rules and regulations for governing the corporation. A bylaws' adoption resolution is passed to officially adopt these bylaws and ensure compliance with the Florida Nonprofit Corporation Act. 4. Board of Directors Resolution: The board of directors resolution is passed to appoint the initial board members who will oversee the operations of the newly incorporated nonprofit corporation. This resolution typically includes the names, addresses, and qualifications of the board members. 5. Filing and Incorporation Resolution: Once all necessary resolutions have been passed, a filing and incorporation resolution is adopted to authorize the individuals designated in the resolution to file the necessary incorporation documents with the Florida Department of State, Division of Corporations. By following the appropriate Florida Resolution to Incorporate as Nonprofit Corporation by Members of a Church operating as an Unincorporated Association, the church can establish itself as a legally recognized nonprofit organization, allowing it to further its mission and receive various benefits that come with nonprofit status.
