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.
In Oklahoma, the Resolution to Incorporate as a Nonprofit Corporation by Members of a Church operating as an Unincorporated Association is an important legal process that allows a church to establish itself as a separate legal entity. By incorporating as a nonprofit corporation, the church gains several benefits and protections, ensuring smooth operation and greater accountability. The resolution to incorporate is the initial step towards establishing the church as a nonprofit corporation. It is typically passed by the members of the church, who may operate as an unincorporated association before seeking this change. By doing so, the church can enjoy limited liability, tax-exempt status, and the ability to enter into contracts, own property, and conduct business as a distinct entity. There are various types of Oklahoma Resolution to Incorporate as a Nonprofit Corporation by Members of a Church operating as an Unincorporated Association, including: 1. Religious Corporation: This type of incorporation is specifically for churches and religious organizations. It emphasizes the religious purpose and activities of the organization, providing legal recognition and protection for religious practices and beliefs. 2. Charitable Corporation: This type of incorporation is suitable for churches that primarily engage in charitable activities such as providing assistance to the needy, supporting educational programs, or giving back to the community. It focuses on fulfilling charitable missions and may qualify for tax-exempt status under section 501(c)(3) of the Internal Revenue Code. 3. Educational Corporation: If a church is involved in operating educational institutions such as schools, colleges, or seminaries, they may choose to incorporate as an educational corporation. This type of incorporation recognizes the educational purpose of the church and provides legal safeguards for educational operations. The resolution to incorporate typically includes essential information such as the church's name, address, purpose, the names of the incorporates, and a statement of intent to become a nonprofit corporation. It may also designate the church's board of directors or trustees, who will be responsible for managing its affairs. When drafting the resolution, it is crucial to follow the guidelines specified by the Oklahoma Secretary of State and consult an attorney for legal advice to ensure compliance with state regulations and the specific needs of the church. In conclusion, the Oklahoma Resolution to Incorporate as a Nonprofit Corporation by Members of a Church operating as an Unincorporated Association is a significant step for a church seeking to establish itself as a distinct legal entity. By choosing the appropriate type of incorporation and ensuring compliance with legal requirements, the church can enjoy the benefits and protections that come with nonprofit status, ultimately allowing it to better serve its members and the community.
