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.
Introduction: The Tennessee 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 requirements for a church to incorporate as a nonprofit corporation in the state of Tennessee. By incorporating, the church becomes a separate legal entity, providing various benefits and legal protections to its members and the organization itself. This detailed description will provide all the necessary information regarding this resolution, including key components, steps, and different types of resolutions. Key Components of the Tennessee Resolution to Incorporate as Nonprofit Corporation by Members of a Church operating as an Unincorporated Association: 1. Purpose: Clearly state the purpose of the resolution, which is to incorporate the church as a nonprofit corporation. 2. Identification: Provide the name, address, and details of the church operating as an unincorporated association. 3. Membership: Specify the qualifications, rights, and obligations of the church members involved in the incorporation process. 4. Authority: Identify the individuals or group with the authority to file the necessary documents and complete the incorporation process on behalf of the church. 5. State Laws: Comply with the specific laws and regulations in the state of Tennessee regarding the incorporation of nonprofit organizations. 6. Nonprofit Status: Indicate that the church will be a nonprofit corporation under the Internal Revenue Code, section 501(c)(3), to qualify for tax-exempt status. 7. Bylaws: Mention the adoption of bylaws that will govern the operations, structure, and decision-making processes of the newly incorporated church. 8. Dissolution: Include a provision for the dissolution of the nonprofit corporation if necessary, outlining the procedure and allocation of assets in such a case. 9. Legal Protections: Highlight the limited liability protection that incorporation provides, ensuring that the church members' personal assets are safeguarded. 10. Amendments: Specify the process of amending the resolution in the future, should any changes be required. Types of Tennessee Resolutions to Incorporate as Nonprofit Corporation by Members of a Church operating as an Unincorporated Association: 1. Standard Resolution: This is the most common type of resolution where the church decides to incorporate as a nonprofit corporation, following the general guidelines provided by the state of Tennessee. 2. Expedited Resolution: In certain cases, a church may need to expedite the incorporation process due to time constraints or urgent requirements. This type of resolution ensures a faster turnaround time. 3. Complex Resolution: In more complex situations where there are additional legal considerations or unique circumstances, a church may need a custom resolution tailored to their specific needs. Conclusion: The Tennessee Resolution to Incorporate as Nonprofit Corporation by Members of a Church operating as an Unincorporated Association serves as an essential legal document for churches seeking to obtain the benefits and protections of nonprofit incorporation in the state of Tennessee. By following the procedures outlined in this resolution and utilizing the appropriate type of resolution, churches can establish themselves as separate legal entities, ensuring the longevity and success of their mission while adhering to relevant state laws and regulations.
