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.
Ohio Resolution to Incorporate as Nonprofit Corporation by Members of a Church operating as an Unincorporated Association is a legal document that outlines the process and steps for a church operating as an unincorporated association to incorporate as a nonprofit corporation in the state of Ohio. This resolution is crucial for churches looking to establish a more formal legal structure to operate and receive certain benefits and protections provided by nonprofit corporation status. Incorporating as a nonprofit corporation offers several advantages, including limited liability for members, tax-exempt status (if approved by the IRS), ability to enter into contracts, own property, and pursue grants and funding opportunities. By adopting this resolution, members of a church can take the necessary steps to transition from an unincorporated association to a legally recognized nonprofit corporation. The Ohio Resolution to Incorporate as Nonprofit Corporation by Members of a Church operating as an Unincorporated Association should include key elements such as: 1. Introduction: It should clearly state the name and location of the church operating as an unincorporated association that intends to incorporate as a nonprofit corporation. 2. Purpose: This section should outline the primary reason why the church wishes to incorporate as a nonprofit corporation, such as seeking limited liability for members, tax-exempt status, or improved ability to manage its operations. 3. Authorization: The resolution should specify who has the authority to proceed with the incorporation process on behalf of the church, such as the board of directors, elected officials, or a designated committee. 4. Adoption of Articles of Incorporation: It should state that the church intends to adopt and file articles of incorporation with the Ohio Secretary of State as part of the incorporation process. These articles will outline the specific details of the nonprofit corporation, including its purpose, board structure, bylaws, and other essential provisions. 5. Appointment of Incorporates: The resolution should name the individuals who will serve as the incorporates and bear the responsibility of filing the articles of incorporation with the Ohio Secretary of State. These individuals may be members of the church or external professionals assisting with the incorporation process. 6. Ratification: It is important for the resolution to confirm that the decision to incorporate as a nonprofit corporation has been approved by the church's members through a formal vote or consensus. Types of Ohio Resolutions to Incorporate as Nonprofit Corporation by Members of a Church operating as an Unincorporated Association can vary depending on unique circumstances. Some variations may include resolutions specific to different religious denominations, variations in the purpose or mission of the church, or specific procedures required by local or regional governing bodies. Overall, adopting an Ohio Resolution to Incorporate as Nonprofit Corporation by Members of a Church operating as an Unincorporated Association is a significant step towards establishing a more formal and legally recognized structure for a church. It ensures compliance with Ohio state laws and provides various benefits to protect the church and its members.
