2016 Wesleyan Discipline: 4010
From Wesleyan Discipline
4010. The standard provisions for the incorporation of a local Wesleyan church are as follows, provided that whenever such standard provisions shall conflict with the local laws under which the incorporation is effected, such provisions shall be deemed to be modified to the extent necessary to conform with such local laws (2016 Wesleyan Discipline:4510).
- (1) The name of the corporation shall be: “___________ (name or place) Wesleyan Church, Inc.”
- (2) The corporation is organized exclusively for charitable, religious, and/or educational purposes within the meaning of IRC section 501(c)(3), including, for such purposes, the making of distributions to organizations that qualify as exempt organizations under Section 501(c)(3) of the Internal Revenue Code and in keeping with the purposes of The Wesleyan Church as set forth in its Discipline (cf. 2016 Wesleyan Discipline:100–105; 2016 Wesleyan Discipline:2105, 2016 Wesleyan Discipline:2259; 2016 Wesleyan Discipline:2306; 2016 Wesleyan Discipline:2339), and shall not be for the pecuniary gain or profit to the members thereof, and especially, to purchase, hold in trust for the benefit and use of the members and ministers of The Wesleyan Church, manage, encumber, sell, transfer or otherwise dispose of property, real, personal or mixed, as may be necessary or convenient for the purposes of the corporation; to acquire or erect and maintain buildings for the worship of God, the use and occupancy of its ministers, Christian education, and other purposes in keeping with the doctrines and principles of The Wesleyan Church; to receive, manage and hold in trust for members and ministers of The Wesleyan Church, any and all donations, bequests, and devises of any kind or character that may be given, bequeathed or conveyed to the local church or to the trustees of the local church as such, and to administer the same and income therefrom in accordance with the directions of the donor, trustor or testator; provided that any and all of the foregoing purposes shall be carried out in conformity with the provisions of The Discipline of The Wesleyan Church as legislated and declared from time to time (cf. 4040). Further, the corporation shall not carry on any other activities not permitted to be carried on
- (a) by a corporation exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code, or the corresponding section of any future federal tax code, or
- (b) by a corporation, contributions to which are deductible under 170(c)(2) of the Internal Revenue Code, or the corresponding section of any future federal tax code.
- (3) The corporation shall be subject to The Wesleyan Church, its duly elected officials and its rules and regulations as set forth in its Discipline from time to time and as otherwise legislated and declared in keeping with said Discipline.
- (4) The bylaws of the corporation shall include The Discipline of The Wesleyan Church as legislated and declared from time to time; and no other bylaws shall be adopted that are inconsistent with the provisions of said Discipline (2016 Wesleyan Discipline:4005).
- (5) The term for which the corporation is to exist is perpetual.
- (6) If the corporation shall be dissolved or become inactive, or whenever the board of directors (2016 Wesleyan Discipline:4010:7) shall cease to function or cease to be amenable to The Wesleyan Church as set forth in the General Board Policy on Church Discipline (2016 Wesleyan Discipline:5305–5320), any or all assets of the corporation shall inure to the district of which the local church is a member, and the district board of administration shall be authorized and empowered to carry on the function of said board of directors (2016 Wesleyan Discipline:1233:33, 36), provided such district is then exempt under 501(c)(3), and if not, then the assets shall inure to another district or entity of The Wesleyan Church at the discretion of the General Board, provided such district or entity is then exempt under 501(c)(3); and if no such Wesleyan entity exists that is a 501(c)(3) tax exempt entity, then to a similar organization which is tax exempt under 501(c)(3) of the Internal Revenue Code.
- (7) The directors of the corporation shall be the members of the local board of trustees as set forth in The Discipline (cf. 2016 Wesleyan Discipline:850–859; 2016 Wesleyan Discipline:4500–4780), who shall carry out the directions of the local church conference (2016 Wesleyan Discipline:655:13), and the local board of administration (2016 Wesleyan Discipline:782:28) as set forth in The Discipline. A member of the board of directors shall not be personally liable for the debts, liabilities or obligations of the corporation.
- (8) The members of the corporation shall be the members of the local church, or such other body as local laws may require, provided that each voting member of the corporate body shall be a member of The Wesleyan Church.