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.
Title: Bronx New York Resolution to Incorporate as Nonprofit Corporation by Members of a Church operating as an Unincorporated Association Introduction: In the vibrant borough of Bronx, New York, a common scenario arises when members of a church operating as an unincorporated association decide to take the necessary steps to incorporate as a nonprofit corporation. This transition allows the church to access various benefits, protections, and opportunities associated with formal incorporation. This article provides a detailed description of the process, benefits, and different types of resolutions involved in the incorporation of a church in Bronx, New York. 1. The Process of Incorporation: When church members determine to incorporate their church as a nonprofit corporation in Bronx, New York, they must follow specific steps: a. Formulating a Resolution: To initiate the incorporation process, church members must draft a resolution stating their intent to incorporate. This resolution provides a detailed description of the purpose, goals, and structure of the nonprofit corporation. b. Choosing a Name: The church members need to select a unique and appropriate name for their corporation. A name search must be conducted to ensure no other entity is already using the chosen name. c. Drafting Articles of Incorporation: Articles of Incorporation define the legal structure, purpose, and organizational details of the church as a nonprofit corporation. These articles must comply with state laws and include specific language related to religious organizations. d. Filing with Appropriate Authorities: The completed Articles of Incorporation, along with any required fees, should be filed with the appropriate state and local authorities, such as the New York Department of State and the Bronx County Clerk. e. Obtaining Tax ID and Exemption: Once the incorporation is approved, the church must obtain a Tax Identification Number (TIN) and apply for tax-exempt status with the Internal Revenue Service (IRS). 2. Benefits of Incorporation: Incorporating a church as a nonprofit corporation in Bronx, New York, offers several advantages: a. Limited Liability Protection: Incorporation separates personal and church assets, providing limited liability protection to individual members and church leaders. b. Perpetual Existence: A corporation has perpetual existence, ensuring the church's continuity irrespective of member transitions or leadership changes. c. Tax Exemptions and Deductions: Nonprofit corporations can qualify for federal and state tax exemptions, making donations tax-deductible for donors. d. Grants and Funding Opportunities: Incorporation enhances the church's credibility, making it eligible for grants and funding from various governmental and philanthropic organizations. e. Legal Standing: As a corporation, the church gains legal recognition, facilitating activities such as owning property, entering contracts, and engaging in legal proceedings. 3. Types of Resolutions: Depending on the church's specific circumstances, there can be various types of resolutions related to the incorporation process, including: a. General Resolution: A general resolution outlines the intent and consensus of the church members to incorporate as a nonprofit corporation. b. Resolution Appointing Incorporates: This resolution designates specific individuals to act as incorporates and oversee the incorporation process. c. Adoption of Articles of Incorporation: Once drafted, a resolution is needed to adopt the final version of the Articles of Incorporation, signifying the church's agreement with the document. d. Naming Resolution: In case the church wishes to change its name during the incorporation process, a naming resolution is required to reflect the new desired name. In conclusion, incorporating a church as a nonprofit corporation in Bronx, New York, offers numerous benefits and opportunities while ensuring legal protection and organizational stability. The process involves the formulation of resolutions, drafting articles of incorporation, filing with authorities, and subsequent legal and administrative steps. By adopting the appropriate resolutions and following the incorporation process diligently, church members can establish a strong foundation for their religious institution's growth and prosperity.Title: Bronx New York Resolution to Incorporate as Nonprofit Corporation by Members of a Church operating as an Unincorporated Association Introduction: In the vibrant borough of Bronx, New York, a common scenario arises when members of a church operating as an unincorporated association decide to take the necessary steps to incorporate as a nonprofit corporation. This transition allows the church to access various benefits, protections, and opportunities associated with formal incorporation. This article provides a detailed description of the process, benefits, and different types of resolutions involved in the incorporation of a church in Bronx, New York. 1. The Process of Incorporation: When church members determine to incorporate their church as a nonprofit corporation in Bronx, New York, they must follow specific steps: a. Formulating a Resolution: To initiate the incorporation process, church members must draft a resolution stating their intent to incorporate. This resolution provides a detailed description of the purpose, goals, and structure of the nonprofit corporation. b. Choosing a Name: The church members need to select a unique and appropriate name for their corporation. A name search must be conducted to ensure no other entity is already using the chosen name. c. Drafting Articles of Incorporation: Articles of Incorporation define the legal structure, purpose, and organizational details of the church as a nonprofit corporation. These articles must comply with state laws and include specific language related to religious organizations. d. Filing with Appropriate Authorities: The completed Articles of Incorporation, along with any required fees, should be filed with the appropriate state and local authorities, such as the New York Department of State and the Bronx County Clerk. e. Obtaining Tax ID and Exemption: Once the incorporation is approved, the church must obtain a Tax Identification Number (TIN) and apply for tax-exempt status with the Internal Revenue Service (IRS). 2. Benefits of Incorporation: Incorporating a church as a nonprofit corporation in Bronx, New York, offers several advantages: a. Limited Liability Protection: Incorporation separates personal and church assets, providing limited liability protection to individual members and church leaders. b. Perpetual Existence: A corporation has perpetual existence, ensuring the church's continuity irrespective of member transitions or leadership changes. c. Tax Exemptions and Deductions: Nonprofit corporations can qualify for federal and state tax exemptions, making donations tax-deductible for donors. d. Grants and Funding Opportunities: Incorporation enhances the church's credibility, making it eligible for grants and funding from various governmental and philanthropic organizations. e. Legal Standing: As a corporation, the church gains legal recognition, facilitating activities such as owning property, entering contracts, and engaging in legal proceedings. 3. Types of Resolutions: Depending on the church's specific circumstances, there can be various types of resolutions related to the incorporation process, including: a. General Resolution: A general resolution outlines the intent and consensus of the church members to incorporate as a nonprofit corporation. b. Resolution Appointing Incorporates: This resolution designates specific individuals to act as incorporates and oversee the incorporation process. c. Adoption of Articles of Incorporation: Once drafted, a resolution is needed to adopt the final version of the Articles of Incorporation, signifying the church's agreement with the document. d. Naming Resolution: In case the church wishes to change its name during the incorporation process, a naming resolution is required to reflect the new desired name. In conclusion, incorporating a church as a nonprofit corporation in Bronx, New York, offers numerous benefits and opportunities while ensuring legal protection and organizational stability. The process involves the formulation of resolutions, drafting articles of incorporation, filing with authorities, and subsequent legal and administrative steps. By adopting the appropriate resolutions and following the incorporation process diligently, church members can establish a strong foundation for their religious institution's growth and prosperity.
