how to obtain attorney general approval for religious

Do I need approval from the Attorney General or court?

ATTORNEY GENERAL APPROVAL OF SALE OF ASSETS 18 . APPENDIX C - CHECKLIST FOR PETITION TO . THE ATTORNEY GENERAL OR THE COURT 20 . APPENDIX D - SAMPLE COURT ORDER ... of a religious corporation requires approval of the Attorney General or the court pursuant to the procedures set forth in the RCL and N-PCL. RCL § 12, N-PCL §§ 510, 511 and …

When is an appraisal not necessary for religious corporations?

Oct 12, 2020 · On October 8, 2020, the Office of the New York State Attorney General’s Charities Bureau released guidance regarding property appraisals for not-for-profit corporations and certain religious corporations seeking approval of property transactions by …

What is New York’s religious corporation law?

It is possible through applying directly through the New York Attorney General’s Office once the information is known in which direction to go for the church. There are also legal requirements in place that must be satisfied which usually means a lawyer should be hired to assist with this option in these matters.

Can a religious corporation exercise an option contract?

Jan 19, 2016 · A religious corporation was still required by Religious Corporation Law Section 12 to get court approval for the disposition of its real property. On December 11 th, 2015, Section 12 of the Religious Corporation was amended to now also give religious corporations the option of obtaining approval from the Attorney General alone. A court order is no longer the exclusive …

How do I incorporate a church in NY?

Forming Your Religious Corporation in New YorkChoose directors. To qualify as a non-profit in New York, you must choose three individuals over the age of 18 to serve as directors. ... Choose a name. ... Create compliant bylaws. ... File the appropriate documents. ... IRS Form 1023. ... New York Tax Exemptions.Jul 8, 2019

What type of corporation are churches?

non-profit corporationsChurches and ministries are formed as non-profit corporations. Unlike for-profit corporations, non-profit corporations have no owners / shareholders and do not issues shares. They are not “C Corporations” or “Subchapter S Corporations”, although the “C Corporation” designation is sometimes used to describe them.Apr 30, 2014

What is a religious corporation sole?

A legitimate corporation sole is designed to ensure continuity of ownership of property dedicated to the benefit of a legitimate religious organization. A taxpayer cannot use a corporation sole created to avoid or evade income taxes as a means to exclude the taxpayer's personal income from tax.Jan 21, 2022

Who owns the assets of a church?

Independent churches generally hold title to their real property, or title may be held in trust or a property holding company exclusively for the benefit of the church. Title to the real properties of other, so-called “multi-site churches” is often held by the parent church or a consolidated property holding company.May 16, 2018

How do you start a religion legally?

What is required to start a religion?Distinct legal existence.Recognized creed and form of worship.Definite and distinct ecclesiastical government.Formal code of doctrine and discipline.Distinct religious history.Membership not associated with any other church or denomination.Organization of ordained ministers.Dec 14, 2021

What are the 2 kinds of religious corporation?

The major types of religious organization are the church, sect, and cult. Two types of church organizations include the ecclesia and denomination.

Who owns the Catholic Church?

The Pope is the ruler of both Vatican City State and the Holy See. The Holy See, as the supreme body of government of the Catholic Church, is a sovereign juridical entity under international law.Aug 27, 2020

What type of corporation is a religious organization?

nonprofit corporationsIn the United States, religious corporations are formed like all other nonprofit corporations by filing articles of incorporation with the state. Religious corporation articles need to have the standard tax exempt language the IRS requires.

What is a charitable religious trust?

A charitable trust described in Internal Revenue Code section 4947(a)(1) is a trust that is not tax exempt, all of the unexpired interests of which are devoted to one or more charitable purposes, and for which a charitable contribution deduction was allowed under a specific section of the Internal Revenue Code.Nov 22, 2021

Who legally owns a church?

Local churches are most often listed as the owner in the deed to the local church property, but the denominations nevertheless sometimes claim a right to determine occupancy, use and control on the basis of a “trust clause” added to the denominational constitution.

How do you dissolve a church?

Take formal action to approve the dissolution. The formal process of dissolving a nonprofit corporation begins with the vote of the organization's board of directors or members to wind up and dissolve. In most circumstances either group can approve the dissolution.Jun 5, 2018

How do churches make money?

Top Sources of Income for Churches: GivingPlate Offering. With some exceptions, most churches can include a ballpark plate offering in their annual budget. ... Tithing. ... Pledge Drives. ... Themed Giving. ... Sponsorships. ... Memorials. ... Targeted Ministry Campaigns. ... Capital Campaigns.More items...•Feb 15, 2021

How to get approval for a religious corporation in New York?

It is possible through applying directly through the New York Attorney General’s Office once the information is known in which direction to go for the church. There are also legal requirements in place that must be satisfied which usually means a lawyer should be hired to assist with this option in these matters. Routine actions are typically the reason to take this route where no controversy or public outrage may occur. This is also the better possibility to avoid opposition from members of the church in the community.

What is the purpose of a lawyer in a church petition?

This means that a lawyer should be hired to assist with the entire process to include the cases where someone opposes the action. Other motions or information may be necessary, and legal representation has the knowledge and experience in these matters to assist throughout the situation.

Why is the Religious Corporation Law important?

In order for important real estate transactions to occur, the Religious Corporation Law is in place to protect the religious institution without court approval first being sought and granted. This is also to protect church members in the church itself only using loaned monies for valid and legal interests of the church as a whole.

Can a church be mortgaged?

Mortgages of commercial or nonresidential property may be difficult to manage with different rules and regulations. When the object is a church, these circumstances become more complicated. Approval to mortgage a church building is often needed by the local or regional religious affiliation as well as the courts of the state.

Do churches need court approval for child abuse?

While churches do not usually need to acquire court approval for transactions, this type of request is unique ...

Can a church own real estate?

It is not common for a church or religious institution to have ownership of property or large real estate holdings. Many churches affiliated in the state only have one or two buildings in use for offices and worship by members of the religion. In order for important real estate transactions to occur, the Religious Corporation Law is in place ...

Is the Archdiocese of New York a religious corporation?

New York Religious Corporations. The churches of New York are not often considered a corporation of any type. However, the Archdiocese of this state is a Religious Corporation and this means that the church itself is affected and subjected to New York Religious Corporations Law as applied by the state. These types of companies may buy, sell ...

What is the case of Kelley v. Garuda?

Kelley v. Garuda (Index No. 7016/2004) is a case involving a dispute regarding the International Society for Kirshna Consciousness and a temple located in Freeport, New York.

What is the lawsuit against the synagogue?

The lawsuit alleges that an individual hired as a Rabbi for the temple has breached his contact by removing the antique pews in the synagogue, and then renting the space out for large and raucous parties. It also alleges that the Rabbi may not even be a properly ordained Rabbi, and has committed many other acts in violation of his contact, as well as violating the Sabbath and Kosher laws governing the synagogue.

Is there a dispute over the Chelsea synagogue?

Recently in the news is a follow-up story relating to a dispute regarding control over a Chelsea synagogue. A prior blog post related the original story about a “rogue Rabbi” who took control of the synagogue pursuant to a lease agreement, and was accused of violating the lease by, among other things, tearing out original pews, renting the synagogue out for parties, and other alleged wrongful conduct. That dispute is still being litigated.

How to terminate a trust without court approval?

A trust may be terminated by the written consent of the settlor and all beneficiaries without court approval, but with notice to the Attorney General. Irrevocable trusts require the consent of all trust beneficiaries and Court approval to terminate, and the Attorney General should be given notice.

What is the letter required to dissolve a charitable trust in California?

The Attorney General’s Registry of Charitable Trusts requires a letter signed by a director or attorney requesting a waiver of objections to dissolution and an executed California Secretary of State, Certificate of Dissolution.

How many years of financial records are required for a charitable registry?

The Registry requires three years of financial statements or records of financial activities and records that show a decrease in assets to a zero-dollar balance. If your organization never had charitable assets, use a $0.00 balance to reflect this. 10.We don’t have the financial documentation described.

Why is the Secretary of State involved in voluntary dissolution?

The Secretary of State is involved in the voluntary dissolution process because a California corporation is formed when it files its Articles of Incorporation with the Secretary of State. Our office is involved in the dissolution process because the Attorney General has the primary responsibility to supervise nonprofit charitable organizations ...

How to dissolve a nonprofit in California?

In California, the procedures to voluntarily wind up operations are called “dissolution” of the nonprofit corporation. Dissolution can be accomplished by either filing an action with the superior court or by complying with voluntary ...

How much notice do you need to give a non profit corporation?

Your nonprofit corporation will need to provide a 20-day advance notice before it sells, transfers, or otherwise disposes of all or substantially all of its assets, unless the Attorney General has given the corporation a written waiver. See Corporations Code sections 5913, 7238, 7913, 9633.

What to do if a dissolving organization never had assets?

If the dissolving organization never had assets, or had little activity and very few assets that no longer remain, you may download and submit a completed Certificate to the California Attorney General - 650D.

Who can give notice to the Attorney General?

Directors may give notice to, or seek prior approval by, the Attorney General of self-dealing transactions. Notice given to the Attorney General has the effect of shortening the statute of limitations for bringing a civil action to challenge self-dealing. As an alternative, court approval may be sought.

Who must provide advance notice to a charitable trust in California?

Any California public benefit corporation, or mutual benefit corporation holding assets subject to charitable trust, must provide advance notice to, or request waiver of notice by, the Attorney General for the sale or disposition of all or substantially all of the corporation’s assets.

Can a public benefit corporation merge with a religious corporation?

Without the prior written consent of the Attorney General, a public benefit corporation may onlymerge with another public benefit corporation or a religious corporation or a foreign nonprofit charitable corporation. When a public benefit corporation merges or converts into a business or mutual benefit corporation, the Attorney General requires that it first distribute all of its assets to another charity with the same or similar purposes. Applications should include:

How long can a religious corporation lease in New York?

New York’s Religious Corporation Law declares that “ [a] religious corporation shall not sell, mortgage or lease for a term exceeding five years any of its real property without applying for and obtaining leave of the court…”. In layman’s terms, the New York Statute requires that the religious corporation apply by Petition to the Supreme Court ...

What is the most significant asset owned by a religious corporation such as a church, synagogue or mosque

By Weiss & Weiss. Often the most significant asset owned by a religious corporation such as a church, synagogue or mosque in New York is real estate. For a variety of reasons, the religious institution may wish to sell, mortgage or lease its property.

What is required for a petition in New York?

As part of the documents submitted with the Petition, proof of service on the Attorney General is required.

What is required to be advised of a title company when closing a transaction?

If a title company is insuring the transaction on behalf of the purchaser, it will require a copy of the Order of the Supreme Court and proof of the consent of the Attorney General.