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.
Nevada Resolution to Incorporate as Nonprofit Corporation by Members of a Church operating as an Unincorporated Association Operating as an unincorporated association, a church may decide to pursue the route of incorporating as a nonprofit corporation in Nevada. This resolution signifies the intentional decision made by the members of the church to formalize their entity and enjoy the benefits that come with nonprofit incorporation. By incorporating, the church gains legal recognition, limited liability protection, and the ability to pursue grants, tax-exempt status, and other benefits provided to nonprofit organizations. There are different types of Nevada resolutions to incorporate as a nonprofit corporation by members of a church operating as an unincorporated association. Let's explore these various types: 1. Resolution to Incorporate as a Nonprofit Corporation: This type of resolution is the most common and straightforward. It states the church's intent to incorporate, provides the necessary information about the church's name, its articles of incorporation, and other required details. 2. Resolution to Adopt Bylaws: Bylaws are essential guidelines that govern the internal operations and decision-making processes of the church. This resolution focuses on adopting these bylaws to ensure a structured framework for the newly incorporated nonprofit corporation. 3. Resolution to Authorize Church Leadership: This resolution signifies the church members' support and confidence in the current leadership to initiate and pursue the incorporation process. It grants them the authority to take necessary actions, such as filing the articles of incorporation and other related tasks. 4. Resolution to Seek Legal Counsel: Incorporation can be a complex process involving legal obligations and considerations. This resolution provides authorization to the church's leadership to engage legal counsel, ensuring that all legal requirements are fulfilled during the incorporation process. 5. Resolution to Approve Necessary Financial Commitments: Incorporating as a nonprofit corporation may involve certain costs, such as filing fees, legal assistance fees, and potential initial costs for transitioning the unincorporated association into a formal entity. This resolution grants permission to allocate the necessary funds to proceed with the incorporation. 6. Resolution to Establish a Registered Agent: A nonprofit corporation in Nevada must appoint a registered agent who will receive legal documents and other important communications on behalf of the organization. This resolution authorizes the church's leadership to designate and appoint a registered agent as required by law. 7. Resolution to Submit the Articles of Incorporation: Once the necessary steps have been taken, this resolution authorizes the church's leadership to officially file the articles of incorporation with the appropriate state authorities, thereby initiating the legal process of incorporation. By adopting these resolutions, a church operating as an unincorporated association sets a clear path towards formalizing its entity, allowing it to operate as a nonprofit corporation in Nevada. This decision opens up a wide range of opportunities for the church to further its mission, grow its influence, and receive support as a recognized nonprofit organization.
