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.
Georgia Resolution to Incorporate as Nonprofit Corporation by Members of a Church operating as an Unincorporated Association is a legal process undertaken by a church to transition from operating as an unincorporated association to becoming a nonprofit corporation in the state of Georgia. This resolution allows the church members to formally establish the church as a separate legal entity, separate from its individual members. Incorporating as a nonprofit corporation provides several benefits for a church, including limited liability protection for its members, tax-exempt status for its income and donations, and the ability to enter into contracts, own property, and enter into legal agreements under its own name. This resolution is an important step toward securing the financial stability and legal protections necessary for a church's long-term success. There are various types of Georgia Resolution to Incorporate as Nonprofit Corporation by Members of a Church operating as an Unincorporated Association, which may include: 1. General Nonprofit Corporation Resolution: This is the standard resolution that outlines the intent of the church members to incorporate as a nonprofit corporation, includes the name of the church, and sets forth the purpose of the corporation. It also designates the initial directors who will oversee the incorporation process and, once incorporated, manage the affairs of the church. 2. Religious Corporation Resolution: This resolution specifically addresses the religious nature of the church and its mission. It may include language pertaining to the beliefs, doctrines, and practices of the church, as well as additional provisions regarding the promotion of faith-based activities and the establishment of religious educational programs. 3. Bylaws Resolution: While not a separate type of resolution, the adoption of bylaws is an essential step in the incorporation process. Bylaws serve as the governing document for the church and provide guidelines for how the corporation will operate. This resolution confirms the adoption of the bylaws and ensures that the church members are in agreement with the rules and regulations set forth within them. 4. Tax-Exempt Status Resolution: This resolution may be included to affirm the intention of the church to seek federal tax-exempt status under section 501(c)(3) of the Internal Revenue Code. It may include specific language required by the IRS and outline the steps the church will take to ensure compliance with tax regulations. Overall, the Georgia Resolution to Incorporate as Nonprofit Corporation by Members of a Church operating as an Unincorporated Association is a critical legal document that marks the official transition of a church from being an unincorporated association to a nonprofit corporation. It allows the church to enjoy the benefits and protections of being a separate legal entity while maintaining its religious mission and activities.
