Incorporation. In all places where the statutes will permit, the trustees shall have the local church incorporated, and the said trustees and their successors shall be the trustees of the said corporation. Where not inconsistent with civil law, the Articles of Incorporation shall set forth the powers of the corporation, and provide that the corporation shall be subject to the government of the Church of the Nazarene, as from time to time authorized and declared in its Manual by the General Assembly of said church. All the property of this corporation shall be managed and controlled by the trustees subject to the approval of the local church.
Index: incorporation
102.1
Where property is purchased and developed by the District Advisory Board for a local church or where a new church is formed, it is recommended that the District Advisory Board transfer the title to the local church upon the repayment by the local church of the money invested by the District Advisory Board.
102.2
When a local church is incorporated, all property acquired shall be deeded directly to the church in its corporate name when it is possible to do so. (102.6)
102.3
The pastor and the secretary of the church board shall be the president and secretary of the church, incorporated or not incorporated, and shall execute and sign all conveyances of real estate, mortgages, releases of mortgages, contracts, and other legal documents of the church not otherwise provided for in the Manual and subject to the restrictions set forth in 104–104.3.
102.4
The Articles of Incorporation of each local church shall include the following provisions:
- The corporate name shall include the words “Church of the Nazarene.”
- The bylaws of the corporation shall be the Manual of the Church of the Nazarene.
- The Articles of Incorporation shall not contain any provision that might prevent the local church from qualifying for any tax exemption available to churches in the same area.
- Upon dissolution, the assets of the corporation shall be distributed to the District Advisory Board.
The Articles of Incorporation may contain additional provisions when appropriate under local law. No provision, however, shall be included that can cause the property of the local church to be diverted from the Church of the Nazarene. (101–101.1, 104.3, 106.1–106.3)
102.5
In multicongregational churches, where more than one organized church shares the same facility, incorporation may take place in partnership where local laws allow.
102.6
In localities where incorporation is not possible, the church name shall include the words “Church of the Nazarene” on all legal documents including, but not limited to the property deed(s) and deed(s) of trust. (102.2)
222.5
To incorporate, where civil law permits and when authorized by the district assembly. After incorporation, as above provided, the District Advisory Board shall have power, on its own resolution, to purchase, own, sell, exchange, mortgage, deed in trust, hypothecate, lease, and convey any property, real and personal, as may be necessary or convenient for the purpose of the corporation. The district superintendent and the secretary of the District Advisory Board, or other persons authorized by the District Advisory Board, incorporated or not incorporated, shall execute and sign all conveyances on real estate, mortgages, releases of mortgages, contracts, and other legal documents of the District Advisory Board. (204)
222.6
In areas where the civil law does not permit such incorporation, then the district assembly may elect the District Advisory Board as district trustee with power, on its own resolution, to purchase, own, sell, exchange, mortgage, deed in trust, hypothecate, lease, and convey any property, real and personal, as may be necessary or convenient for the purpose of carrying on its work in the district. (102.6, 106.2, 222.5)
222.7
The District Advisory Board, in areas where it is possible for local churches to incorporate, shall, with the advice of competent legal counsel, provide pattern incorporation forms adequate for the areas of its district. This pattern incorporation form shall always include the provisions set forth in 102–102.5.