2016 Wesleyan Discipline: Trust clause

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(6) To elect trustees and through such trustees to supervise, control, and maintain its property for the use and benefit of the ministry and members of The Wesleyan Church and subject to its regulations and appointments as from time to time legislated and declared. This right vests severally in each local church.

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(8) To elect in the manner prescribed by The Discipline its own board of trustees and through them to receive, hold, encumber, and dispose of all district property within the bounds of the district, including local property held by the district, according to the provisions of The Discipline and the laws of the state. All properties held by the district shall be held in trust for the use and benefit of the ministry and members of The Wesleyan Church and subject to its regulations and appointments as from time to time legislated and declared.

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(4) A reasonable degree of financial stability, including the meeting of such obligations as it may have to the General Church and the district.

F. Trust Clause and Release Therefrom

4590. All property, whether real, personal or mixed, acquired by any local church, circuit, district, institution, agency or other similar body of The Wesleyan Church, whether incorporated or unincorporated, shall be held in trust for The Wesleyan Church, incorporated as The Wesleyan Church Corporation under the laws of the state of Indiana, and shall contain the trust clause as set forth in 2016 Wesleyan Discipline:4610 (cf. 2016 Wesleyan Discipline:315:6; 2016 Wesleyan Discipline:323:8). The absence of the trust clause in the evidence of the title or other written instruments, regardless of whether such absence is due to mistake, inadvertence or willful omission, shall in no way exclude a local church, circuit, district, institution, agency or similar body, whether incorporated or unincorporated, from or relieve it of its responsibility to The Wesleyan Church and subjection to the authority of said Church, and such property can only be sold, transferred or otherwise disposed of in accord with the provisions of The Discipline, concerning the sale, transfer or encumbrance of property.

(1) For property in developing districts see 2016 Wesleyan Discipline:542; 2016 Wesleyan Discipline:4650; 2016 Wesleyan Discipline:4800; 2016 Wesleyan Discipline:4920; cf. 2016 Wesleyan Discipline:4200–4260; 2016 Wesleyan Discipline:4500–4630.

(2) For property in provisional districts see 2016 Wesleyan Discipline:1025:3; 2016 Wesleyan Discipline:1030:1, 3; 2016 Wesleyan Discipline:4650; 2016 Wesleyan Discipline:4810–4820; cf. 2016 Wesleyan Discipline:4200–4260; 2016 Wesleyan Discipline:4500–4630.

(4) For district property in established districts see 2016 Wesleyan Discipline:1038:3; 2016 Wesleyan Discipline:1180:21–22; 2016 Wesleyan Discipline:1233:14–15; 2016 Wesleyan Discipline:1310:13; 2016 Wesleyan Discipline:1345; 2016 Wesleyan Discipline:1360–1365; 2016 Wesleyan Discipline:4100–4150; 2016 Wesleyan Discipline:4250–4260; 2016 Wesleyan Discipline:4500–4630; 2016 Wesleyan Discipline:4830–4880.

(5) For General Church property see 2016 Wesleyan Discipline:4200–4270; 2016 Wesleyan Discipline:4500–4630; 2016 Wesleyan Discipline:4900–4940; cf. 2016 Wesleyan Discipline:475.

(6) For property of a general educational institution see 2016 Wesleyan Discipline:4500–4630; cf. 2016 Wesleyan Discipline:2362; 2016 Wesleyan Discipline:4250–4260.

(7) For property of a subsidiary corporation, board or institution, other than a general educational institution see 2016 Wesleyan Discipline:4300–4370; 2016 Wesleyan Discipline:4500–4630; cf. 2016 Wesleyan Discipline:4250–4260.

4610. Trust Clause. All titles, deeds, and other written instruments for the conveyance of property to or for The Wesleyan Church as set forth in 2016 Wesleyan Discipline:4590 shall contain the following trust clause:

In trust for the use and benefit of the ministry and members of The Wesleyan Church, incorporated under the laws of the state of Indiana as The Wesleyan Church Corporation, subject to The Discipline, regulations, and appointments of said Church as from time to time legislated and declared.

4620. Real property acquired by a conveyance containing the foregoing trust clause in 2016 Wesleyan Discipline:4610 may be sold in conformity with the provisions of The Discipline, and when such provisions have been complied with, the real property so sold or conveyed shall be released from the foregoing trust clause, and the trustees enabled to give a good and sufficient deed (cf. [[2016 Wesleyan Discipline:[4690:1]]).

4630. Real property acquired by a conveyance containing the foregoing trust clause in 2016 Wesleyan Discipline:4610 may be mortgaged or otherwise encumbered in conformity with the provisions of The Discipline, and when such provisions have been complied with, the foregoing trust clause shall be subordinated to the mortgage lien (cf. 2016 Wesleyan Discipline:4690:2). 4680. Local property within an established district may be held by the local church or by the district, as decided upon by the district conference (cf. 2016 Wesleyan Discipline:1180:21–22). In those districts where the local churches are to hold their own property, all grants, conveyances, devises, gifts, transfers, and assignments now owned or hereafter acquired of any property, real, personal or mixed, to or for any unincorporated local church or any organization, board or similar body connected thereto, shall be held by and/or conveyed to its duly elected board of trustees, and to their successors in office and their assigns, as the board of trustees of such local church, in trust for the benefit and use of the members and ministers of The Wesleyan Church, subject to its Discipline, regulations and appointments as from time to time legislated and declared and shall contain the appropriate trust clause as set forth in 2016 Wesleyan Discipline:4610 (cf. 2016 Wesleyan Discipline:4590; 2016 Wesleyan Discipline:4620). An omission of the name of any or all of the trustees shall not render any instrument invalid. (The regulations for an incorporated local church are set forth in 2016 Wesleyan Discipline:4000–4070.) In those districts where the district is to hold local property (cf. 2016 Wesleyan Discipline:323:8), such local property shall be held as set forth in 2016 Wesleyan Discipline:4140 or 2016 Wesleyan Discipline:4830. 4690. All written instruments of conveyance by which property is held or hereafter acquired by any local church, whether incorporated or unincorporated, shall contain the trust clause in 2016 Wesleyan Discipline:4610, and release therefrom shall be as follows:

(1) Whenever the real property of a local church acquired by a conveyance containing the trust clause as set forth in 2016 Wesleyan Discipline:4610 is sold in conformity with the provisions of The Discipline (2016 Wesleyan Discipline:4700–4720), the written approval of the district board of administration (2016 Wesleyan Discipline:4700:3) shall constitute a release and discharge of the real property so sold and conveyed from the trust clause (cf. 2016 Wesleyan Discipline:4620).

(2) Whenever the real property of a local church, acquired by a conveyance containing the trust clause in 2016 Wesleyan Discipline:4610, is mortgaged or encumbered as provided for in The Discipline (2016 Wesleyan Discipline:4700–4720), the written approval of the district board of administration for such mortgage or encumbrance (2016 Wesleyan Discipline:4700:3) shall constitute a formal recognition of the priority of such mortgage lien and the subordination of the trust clause thereto (cf. 2016 Wesleyan Discipline:4630).