CHAPTER 6. MANAGEMENT OF EDUCATIONAL INSTITUTIONS BY CHURCH OR ECCLESIASTICAL BODIES
IC 23-13-6
Chapter 6. Management of Educational Institutions by Church or
Ecclesiastical Bodies
IC 23-13-6-1
Election and power of governing body
Sec. 1. Any university, college, or other institution of learning
organized before April 9, 1907, and existing on April 9, 1907, under
special enactments of the general assembly of the state of Indiana
constituting the charter of the institution, or which is organized on or
after April 9, 1907, under the general laws of the state of Indiana,
may provide that the board of trustees, or other governing or
administrative body thereof may be elected in whole or in part by
conferences, synods, presbyteries, or other church or ecclesiastical
bodies; in part by graduates of such institution, and that the
remainder shall be elected by the board of trustees of the institution,
and define the powers of such governing or administrative body, and
may further provide for such a system of holding, accounting for, and
administering the funds of such institution as will divide such funds
into independent classes representing endowment and general funds,
with a separate custodian, manager, or treasurer of each of said
funds.
(Formerly: Acts 1907, c.79, s.1.) As amended by P.L.34-1987,
SEC.350.
IC 23-13-6-2
Articles of association; contents
Sec. 2. In all cases of corporations organized after April 9, 1907,
desiring to accept the provisions of this chapter, the corporation
shall, in its articles of association, specifically set forth the number
of the trustees or other members of its governing or administrative
board, the manner of their election, their powers, and the system
adopted for administering their respective funds.
(Formerly: Acts 1907, c.79, s.2.) As amended by P.L.34-1987,
SEC.351.
IC 23-13-6-3
Existing corporations; procedure for accepting provisions of
chapter; exception
Sec. 3. All corporations created before April 9, 1907, and existing
on April 9, 1907, desiring to accept the provisions of this chapter,
may do so in the manner following, that is to say: The board of
trustees, or the joint board of trustees and visitors, or other governing
body of such institution, shall adopt a resolution specifying the
number of trustees, or other officers, who shall constitute the
governing body thereof, the manner of their election, their powers,
and the system adopted for administering the respective funds of
such institutions. After such resolution shall have been adopted by
said governing body, the same shall be submitted to each conference,
synod, presbytery, or other church or ecclesiastical body and society
of alumni, if any, theretofore authorized to elect any or all of the
members of such governing body. Each such conference, synod,
presbytery, or other church or ecclesiastical body and society of
alumni, shall, by formal resolution, either confirm or reject such
resolution, and shall transmit such action, certified to by the
presiding officer and secretary thereof, to the president of such board
of trustees or other governing body. In the event each and all of said
conferences, synods, presbyteries, or other church or ecclesiastical
body and society of alumni theretofore entitled to elect any of the
members of such board of trustees or other governing body of such
institution shall have adopted such resolution confirming the original
action of such board of trustees or such joint board of trustees and
visitors, or other governing body of the institution, the president
thereof shall transmit to the secretary of state for the state of Indiana,
a copy of the original resolutions of such board of trustees or joint
board of trustees and visitors of said institution, and also a copy of
the resolution adopted by each of said conferences, synods,
presbyteries, or other church or ecclesiastical body and society of
alumni confirming such action, if any, duly certified under his hand
as such president and duly attested by the signature of the secretary
of such governing body and the corporate seal of such institution
attached thereto, which certificate shall also certify that no church or
ecclesiastical body or society of the alumni other than those shown
to have confirmed such resolution of the board of trustees or other
governing body were heretofore entitled or accustomed to elect any
members of such governing board. Upon the filing of such resolution
with the secretary of state for the state of Indiana, it shall be taken
and deemed as an amendment to and part and parcel of the charter of
such institution. But said charter shall not be taken or deemed as
altered or amended in any other respect than as specified in such
resolution. Thereupon said secretary of state for the state of Indiana
shall issue his certificate under the great seal of the state of Indiana,
certifying that a copy of such resolution has been lodged in his
office, and that the same constitutes such amendment to the charter
of such institution. Provided, nothing in this chapter shall be
construed as applying to any educational institution in this state
receiving state aid.
(Formerly: Acts 1907, c.79, s.3.) As amended by P.L.34-1987,
SEC.352.