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.
Franklin Ohio Resolution to Incorporate as Nonprofit Corporation by Members of a Church operating as an Unincorporated Association is a crucial document that outlines the steps and requirements for the incorporation process. Incorporating as a nonprofit corporation offers numerous benefits to a church operating as an unincorporated association, including limited liability, tax-exempt status, and the ability to solicit tax-deductible donations. This article will provide a detailed description of the resolution and its various types. 1. General Description: The Franklin Ohio Resolution to Incorporate as Nonprofit Corporation by Members of a Church operating as an Unincorporated Association is a formal document that expresses the church's intention to establish itself as a legal entity. By incorporating, the church becomes a separate legal entity from its members, ensuring protection against personal liability for the church's debts and obligations. 2. Purpose of Incorporation: The resolution should clearly state the reasons behind the decision to incorporate. These reasons may include safeguarding the church's assets, enabling the church to enter into contracts, ensuring continuity of operations, and facilitating better governance and decision-making processes. 3. Appointment of Incorporates: The resolution should identify the individuals responsible for initiating the incorporation process. These individuals, known as incorporates, are usually members of the church who will take on the legal responsibilities associated with forming the nonprofit corporation. 4. Recap of Existing Bylaws and Procedures: If the church already operates under a set of bylaws and procedures, the resolution should specify whether these will be amended or replaced upon incorporation. It should explain the process of transferring existing unincorporated association assets, liabilities, and responsibilities to the newly formed nonprofit corporation. 5. Creation of Articles of Incorporation: The resolution should authorize the preparation and filing of the Articles of Incorporation with the Ohio Secretary of State's office. These articles serve as the primary legal document that establishes the nonprofit corporation and provides essential information such as the church's name, purpose, registered agent, and initial board of directors. 6. Board of Directors: The resolution should outline the process for selecting the initial board of directors who will govern the nonprofit corporation. This may involve nominating individuals from the current unincorporated association or electing new members to the board. 7. Tax-Exempt Status and Other Filings: The resolution should address the church's intention to seek tax-exempt status under relevant sections of the Internal Revenue Code. It should also mention any other necessary filings, such as obtaining a federal Employer Identification Number (EIN) and registering with the Ohio Attorney General's Office. Different Types of Franklin Ohio Resolution to Incorporate may include variations based on the church's specific circumstances and requirements. These may include: 1. Resolution to Incorporate with Specific Purposes: If the church plans to focus on specific charitable or religious activities, the resolution should highlight these purposes for incorporation. For example, a church may emphasize community outreach, youth programs, or international missions as its primary objectives. 2. Resolution to Incorporate with Restructuring Plans: In situations where the church intends to restructure its governance, the resolution may include provisions for redefining the roles, responsibilities, and authority of existing members, pastors, and associated staff members. 3. Resolution to Incorporate with Name Change: If the church wishes to change its name during the incorporation process, the resolution should specify the desired new name and explain the rationale behind the change. In conclusion, the Franklin Ohio Resolution to Incorporate as a Nonprofit Corporation by Members of a Church operating as an Unincorporated Association plays a crucial role in guiding the process of incorporating a church and transitioning it into a separate legal entity. By carefully crafting this resolution and considering its various types, a church can successfully protect its members, assets, and purpose while expanding its ability to fulfill its mission in the community.Franklin Ohio Resolution to Incorporate as Nonprofit Corporation by Members of a Church operating as an Unincorporated Association is a crucial document that outlines the steps and requirements for the incorporation process. Incorporating as a nonprofit corporation offers numerous benefits to a church operating as an unincorporated association, including limited liability, tax-exempt status, and the ability to solicit tax-deductible donations. This article will provide a detailed description of the resolution and its various types. 1. General Description: The Franklin Ohio Resolution to Incorporate as Nonprofit Corporation by Members of a Church operating as an Unincorporated Association is a formal document that expresses the church's intention to establish itself as a legal entity. By incorporating, the church becomes a separate legal entity from its members, ensuring protection against personal liability for the church's debts and obligations. 2. Purpose of Incorporation: The resolution should clearly state the reasons behind the decision to incorporate. These reasons may include safeguarding the church's assets, enabling the church to enter into contracts, ensuring continuity of operations, and facilitating better governance and decision-making processes. 3. Appointment of Incorporates: The resolution should identify the individuals responsible for initiating the incorporation process. These individuals, known as incorporates, are usually members of the church who will take on the legal responsibilities associated with forming the nonprofit corporation. 4. Recap of Existing Bylaws and Procedures: If the church already operates under a set of bylaws and procedures, the resolution should specify whether these will be amended or replaced upon incorporation. It should explain the process of transferring existing unincorporated association assets, liabilities, and responsibilities to the newly formed nonprofit corporation. 5. Creation of Articles of Incorporation: The resolution should authorize the preparation and filing of the Articles of Incorporation with the Ohio Secretary of State's office. These articles serve as the primary legal document that establishes the nonprofit corporation and provides essential information such as the church's name, purpose, registered agent, and initial board of directors. 6. Board of Directors: The resolution should outline the process for selecting the initial board of directors who will govern the nonprofit corporation. This may involve nominating individuals from the current unincorporated association or electing new members to the board. 7. Tax-Exempt Status and Other Filings: The resolution should address the church's intention to seek tax-exempt status under relevant sections of the Internal Revenue Code. It should also mention any other necessary filings, such as obtaining a federal Employer Identification Number (EIN) and registering with the Ohio Attorney General's Office. Different Types of Franklin Ohio Resolution to Incorporate may include variations based on the church's specific circumstances and requirements. These may include: 1. Resolution to Incorporate with Specific Purposes: If the church plans to focus on specific charitable or religious activities, the resolution should highlight these purposes for incorporation. For example, a church may emphasize community outreach, youth programs, or international missions as its primary objectives. 2. Resolution to Incorporate with Restructuring Plans: In situations where the church intends to restructure its governance, the resolution may include provisions for redefining the roles, responsibilities, and authority of existing members, pastors, and associated staff members. 3. Resolution to Incorporate with Name Change: If the church wishes to change its name during the incorporation process, the resolution should specify the desired new name and explain the rationale behind the change. In conclusion, the Franklin Ohio Resolution to Incorporate as a Nonprofit Corporation by Members of a Church operating as an Unincorporated Association plays a crucial role in guiding the process of incorporating a church and transitioning it into a separate legal entity. By carefully crafting this resolution and considering its various types, a church can successfully protect its members, assets, and purpose while expanding its ability to fulfill its mission in the community.
