Formation Services
Our attorneys provide seasoned wise counsel to organizations considering the development of nonprofit and for-profit subsidiaries intended to promote the protection of tax-exemption, avoidance of liability, or for the organization’s future growth and expansion.
CHURCH-PLANTING AND START-UPS
The Church Lawyers routinely assist clients with the formation of new churches, ministries, and other charitable organizations.
We will help you explore different organizational structures that best suit your objectives while also creating a strong legal foundation on which to build your organization.
During this process, we also evaluate the likelihood of qualifying as a section 501(c)(3) tax-exempt organization. Once this analysis is complete and the organizational structure is determined, we draft and file entity formation documents such as the certificate of formation or articles of incorporation, bylaws, and initial corporate resolutions.
MULTI-ENTITY FORMATION
Our attorneys provide counsel to organizations considering the development of nonprofit and for-profit subsidiaries intended to promote the protection of tax-exemption, avoidance of liability, or for the organization’s future growth and expansion.
CORPORATE DOCUMENT REVIEW
The corporate documents of a nonprofit, especially of a church and ministry, are a key feature to the success of the entity as they establish a foundation and operating rules for the church’s corporate structure and ongoing governance.
The bylaws of a church or ministry should clearly define the legal and religious purposes of the organization.
Whether your organization is member-led or board-led, or some variation in between, our attorneys are experienced in reviewing and revising corporate documents to ensure they appropriately represent your organization while simultaneously complying with federal and state law and conform with best practices recommendations.
MERGERS, DISSOLUTIONS, AND ASSET TRANSACTIONS
As an increasing number of nonprofit organizations, including churches and ministries, are looking to consolidate their efforts, finances, and property with the hopes of more effectively reaching their communities together. We routinely assist our clients on legal issues related to the merger, or joining together, of two separate churches or ministries into a single organization.
The Church Lawyers provide a streamlined start-to-finish process to assist our clients: from identifying issues to evaluate during the feasibility analysis of a proposed merger, to walking clients through a thorough due diligence process and ultimately to the merger’s conclusion. The Church Lawyers are ready to provide counsel at each step of the way to ensure the merger is accomplished in a timely and cost-effective manner.
ADDITIONAL FORMATION SERVICES
Analysis of Appropriate Entity Type
Articles of Incorporation (Certificate of Formation)
Assumed Name Applications and Registrations
Bylaws
Charitable Solicitation Registration and Compliance
“Doing-Business-As” Applications and Registrations
Donations (and Dissolutions)
Entity Conversions
Federal Employer Identification Number
Federal Tax Exemption (see IRS)
Formation of Board of Directors, Officers, and Committees
Initial and Revised Corporate and Governing Documents
Joint Ventures
Mergers and Acquisitions
Multi-Site and Multi-Entity Arrangements
Religious Liberty Analysis and Guidance
Restructuring Options
State (Commonwealth) Franchise and Related Tax Registrations
Subsidiaries