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.
Wisconsin Resolution to Incorporate as Nonprofit Corporation by Members of a Church operating as an Unincorporated Association When a church operates as an unincorporated association in Wisconsin, it may consider resolving to incorporate as a nonprofit corporation. Incorporating as a nonprofit corporation offers several benefits to the church, including legal protection for its members, limited liability, and the ability to enter into contracts and own property in its own name. This detailed description will explore the process of incorporating as a nonprofit corporation and will outline the different types of Wisconsin Resolutions available for this purpose. The first step for a church operating as an unincorporated association is to hold a formal meeting of its members to discuss the possibility of incorporating. This meeting must be properly noticed to all members and should include an agenda item specifically addressing the resolution to incorporate. Once the members have gathered, they can vote on whether to proceed with the incorporation. If the members decide to move forward, a Wisconsin Resolution to Incorporate as Nonprofit Corporation must be drafted and adopted. This resolution should include relevant keywords such as "Wisconsin," "resolution," "incorporate," "nonprofit corporation," "members," and "church." The resolution should clearly state the church's intention to incorporate under the Wisconsin Nonprofit Corporation Act and provide authorization for the necessary actions to be taken. It is essential to understand that there are different types of Wisconsin Resolutions to Incorporate as Nonprofit Corporation by Members of a Church operating as an Unincorporated Association. Some commonly used resolutions include: 1. General Resolution: This type of resolution outlines the general intent to incorporate as a nonprofit corporation without specifying any particular details. It grants authority to designated individuals to take the necessary steps to complete the incorporation process, such as filing the necessary documents with the Wisconsin Department of Financial Institutions. 2. Detailed Resolution: In contrast to a general resolution, a detailed resolution provides thorough instructions and guidelines for the incorporation process. This resolution may include specific provisions on the purpose and activities of the nonprofit corporation, its board structure, membership requirements, and any other pertinent details deemed essential by the church members. 3. Name Change Resolution: If the church wishes to change its name during the incorporation process, a separate resolution can be adopted specifically addressing this change. The resolution should include the existing name of the church, the proposed new name, and authorization for the name change. Regardless of the specific type of resolution adopted, it is crucial to involve legal counsel or seek professional guidance to ensure compliance with Wisconsin laws and regulations. Incorporating as a nonprofit corporation involves filing various documents, such as articles of incorporation and bylaws, with the Wisconsin Department of Financial Institutions. Following the incorporation, the church must also comply with ongoing reporting and governance requirements applicable to nonprofit corporations in Wisconsin. In conclusion, a Wisconsin Resolution to Incorporate as a Nonprofit Corporation by Members of a Church operating as an Unincorporated Association is a pivotal step towards obtaining legal recognition and protection for the church. By carefully considering the type of resolution to adopt and obtaining professional advice, the church can successfully navigate the incorporation process and enjoy the benefits of becoming a nonprofit corporation.
