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 Kansas Resolution to Incorporate as a Nonprofit Corporation by Members of a Church operating as an Unincorporated Association is a legal document that outlines the process and requirements for a church to incorporate as a nonprofit corporation in the state of Kansas. By incorporating, the church can gain legal protection, tax-exempt status, and the ability to enter into contracts and own property as a separate legal entity. There are different types of Kansas Resolutions to Incorporate as a Nonprofit Corporation by Members of a Church operating as an Unincorporated Association, depending on the specific needs and preferences of the church: 1. Standard Resolution: This is the most common type of resolution, where the members of the church formally decide to incorporate as a nonprofit corporation and authorize specific individuals to act as incorporates to complete the necessary paperwork. 2. Bylaws Resolution: In addition to the standard resolution, some churches may choose to adopt separate bylaws as part of their incorporation process. Bylaws outline the internal rules and procedures that govern the operations of the nonprofit corporation, including membership, governance structure, meetings, and decision-making processes. 3. Certificate of Incorporation Resolution: This resolution is specifically focused on approving and authorizing the filing of the Certificate of Incorporation with the Kansas Secretary of State. The Certificate of Incorporation is a legal document that officially establishes the church as a nonprofit corporation and includes information such as the church's name, purpose, registered agent, and initial board of directors. 4. Tax-Exempt Status Resolution: For churches looking to obtain 501(c)(3) tax-exempt status from the Internal Revenue Service (IRS), a separate resolution may be required. This resolution authorizes the completion and submission of Form 1023 or Form 1023-EZ, which are the applications for tax-exempt status. 5. Board Appointment Resolution: Once the church is incorporated, a board of directors must be appointed to oversee its operations. This resolution authorizes the selection and appointment of the initial board members, including their roles and responsibilities. The Kansas Resolution to Incorporate as a Nonprofit Corporation by Members of a Church operating as an Unincorporated Association is an essential step towards ensuring legal and organizational stability for a church. It is important to consult with legal professionals and advisors with expertise in nonprofit law to navigate the process smoothly and effectively.
