Chapter 8 - Churches And Religious Societies Generally
CHAPTER 8 - CHURCHES AND RELIGIOUS SOCIETIES GENERALLY
17-8-101. Incorporation by churches, parishes and societies havinggoverning body; purposes generally.
Churches,parishes, and societies of all religious bodies, sects, or denominations inthis state, or a board of trustees of such churches, parishes, and societies ofall religious bodies, having an episcopate, presbytery, synod, conference orother governing body, with spiritual jurisdiction extending over the wholestate, or part thereof not less than six (6) counties, may become incorporatedfor religious, missionary, educational or charitable purposes in the mannerhereinafter provided; or said incorporation may be limited to the purposes ofacquiring and holding the legal title to property, real and personal, requiredfor the use of such churches, parishes, or societies, or any of them, or ofsuch general governing body, and for the purpose of conveying the same, andcontracting with reference thereto.
17-8-102. Organization meeting; officers.
Thechief or presiding or executive officer of the religious bodies, sects or denominationsmentioned in the preceding section may, at such place in this state as he mayappoint for the purpose, convene a meeting of himself and some other officer orofficers, subordinate to himself, but having general jurisdiction throughoutthe state, or part of the state aforesaid, and one (1) or more priests,ministers or clergymen of the proposed church, parish or society, and at leasttwo (2) laymen resident within the limits thereof, of which meeting the saidchief or presiding or executive officer shall be president and one (1) of theother persons present shall be secretary.
17-8-103. Contents, execution and filing of articles of incorporation;competency to transact business in corporate name.
(a) The said five (5) or more persons, being so convened andorganized as a meeting, shall adopt articles of incorporation which shall fix:
(i) The name of the church, parish or society so incorporated,or the name of the church, parish or society in whose behalf or interest thecorporation is formed;
(ii) The object and purpose of the incorporation;
(iii) The amount of debts which it shall be competent tocontract, beyond which amount the corporation shall have no power to contractdebts binding at law or equity upon it, its members or its property;
(iv) The manner in which it may contract and become bound fordebts and may convey, encumber or change its property;
(v) The manner in which the succession of the members of saidcorporation shall be regulated and vacancies in their number filled;
(vi) The time of the commencement and the termination of thecorporation;
(vii) By what officers its affairs shall be conducted.
(b) Which articles, being subscribed and acknowledged by thepersons present at said meeting and filed in the office of the secretary ofstate, and recorded in the office of the county clerk of the county where suchchurch, parish or society shall be located, whereupon such corporation shall becompetent to transact all business in any by its corporate name.
17-8-104. Authority to make bylaws.
Everyincorporation under this act shall be authorized to make such bylaws as may benecessary to carry into effect fully all the purposes of such incorporation;provided, the same be not in conflict with the constitution of the UnitedStates, the laws of congress or of this state.
17-8-105. Corporators and members of corporation.
Thepersons attending said meeting shall be the corporators and members of thecorporation until their places may be supplied by and under the provisions ofthe articles of incorporation.
17-8-106. Incorporation by body of Christians for purposes ofeducation, benevolence, charity and missions.
Ifany body of Christians has or shall have, according to its order or mode ofgovernment, an organization, whether known as synod, presbytery, conference,episcopate or other name, with ecclesiastical or spiritual jurisdiction overits members throughout this state, and its authorities shall desire to engagein work of education, benevolence, charity and missions, which works shall beof like extensive operation and benefit, and not of limited or local service,and they shall deem an incorporation convenient for the more successfuloperation of said works, all, or any of them, its said authorities, with suchpersons as they may associate with them, may cause such incorporation to beformed in the manner and with the powers hereinbefore provided for theincorporation of a church, congregation or society.
17-8-107. Applicability of general corporation laws.
Corporationsorganized under the provisions of this act shall be subject to the laws of thisstate in respect to corporations which are applicable to them, save as hereinexpressly provided.
17-8-108. Incorporation for establishing benevolent institutions andfor holding real and personal property.
Ifany presbytery, synod, conference, episcopate or other ecclesiastical body orassociation of Christians having jurisdiction over its members throughout thestate, or a part thereof, extending over at least four (4) counties, and itsauthorities shall desire to establish missions, churches and other benevolentinstitutions and in this behalf to acquire property real and personal to aid inextending its spiritual jurisdiction and charities, and shall deem anincorporation necessary or convenient for the more effective accomplishment ofits general objects, its authorities may cause such incorporation to be formedin the manner and with all the powers now provided by law for the incorporationof churches, congregations or societies and such other powers as are incidentand necessary to the successful performance of any or all its objects.
17-8-109. Corporations; purposes for which such corporations may beformed.
Corporationsmay be formed for acquiring, holding or disposing of church or religioussociety property, for the benefit of religion, for works of charity and forpublic worship in the manner hereinafter provided.
17-8-110. Corporations; execution, acknowledgment and filing ofarticles of incorporation.
Anyperson being the archbishop, bishop, president, trustee in trust, president ofstake, president of congregation, overseer, presiding elder, or clergyman, ofany church or religious society, who shall have been duly chosen, elected orappointed, in conformity with the constitution, canons, rites, regulations, ordiscipline of said church or religious society, and in whom shall be vested thelegal title to the property of such church or religious society, may make andsubscribe written articles of incorporation in duplicate, acknowledge the samebefore some officer authorized to take acknowledgment, and file one (1) of sucharticles in the office of the secretary of state, and retain possession of theother.
17-8-111. Corporations; contents of articles of incorporation;amendment of articles.
(a) The articles of incorporation shall specify:
(i) The name of the corporation, by which it shall be known;
(ii) The object of said corporation;
(iii) The estimated value of the property at the time of makingthe articles of incorporation;
(iv) The title of the person making such articles. Anycorporation so formed shall have power from time to time to alter or amend itsarticles of incorporation; such amendment shall be made by the corporationsole, and executed by the same person who executed the original articles ofincorporation, or by his successor in office, and shall be filed and recordedin the same office and in the same manner as is provided for filing theoriginal articles.
17-8-112. Corporations; creation and powers generally.
Uponmaking and filing for record articles of incorporation as herein provided, theperson subscribing the same, and his successor in office by the name or titlespecified in the articles, shall thereafter be deemed, and is hereby created, abody politic and a corporation sole, with continual perpetual succession, andshall have power to acquire and possess, by donation, gift, bequest, devise, orpurchase, and to hold and maintain property, real, personal, and mixed, and togrant, sell, convey, rent, or otherwise dispose of the same as may be necessaryto carry on or promote the objects of the corporation; and shall have authorityto borrow money and to give written obligations therefor, and to secure thepayment thereof by mortgage or other lien, upon real or personal property, whennecessary to promote said objects.
17-8-113. Corporations; other powers.
Suchcorporation shall have the power to contract and be contracted with, to sue andbe sued, plead and be pleaded in all courts of justice, and to have and use acommon seal by which all deeds and acts of such corporation may beauthenticated.
17-8-114. Corporations; execution of deeds and other writteninstruments.
Alldeeds and other instruments of writing shall be made in the name of thecorporation and signed by the person representing the corporation, in theofficial capacity designated in the articles of incorporation, and be sealedwith the seal of the corporation, an impression of which seal shall be filed inthe office of the secretary of state.
17-8-115. Corporations; evidence of corporate existence.
Thearticles of incorporation, or a certified copy of those filed and recorded inthe office of the secretary of state, shall be evidence of the existence ofsuch corporation.
17-8-116. Corporations; vesting of title to property in successor;filing of certified copy of commission by successor.
Inthe event of the death or resignation of any such archbishop, bishop,president, trustee in trust, president of stake, president of congregation,overseer, presiding elder, or clergyman, or of his removal therefrom by theperson or body having authority to remove him, when such person is at the timea corporation sole, his successor in office, as such corporation sole, shall bevested with the title to any and all property held by his predecessor, as suchcorporation sole, with like power and authority over the same, and subject toall the legal liabilities and obligations with reference thereto. Suchsuccessor shall file in the office of the county clerk of each county whereinany of said real property is situated, a certified copy of his commission,certificate or letter of election or appointment.
17-8-117. Vesting of title to property in successor when heldbeneficially by church official and not by corporation.
Incase of the death, resignation or removal of any such archbishop, bishop,president, trustee in trust, president of stake, president of congregation,overseer, presiding elder, or clergyman, who at the time of his death,resignation, or removal, was holding the title to trust property for the use orbenefit of any church or religious society, and not incorporated as acorporation sole, the title to any and all such property held by him, of everynature and kind, shall not revert to the donor, nor vest in the heirs of suchdeceased person, but shall be deemed to be in abeyance, after such death,resignation, or removal, until his successor is duly appointed to fill suchvacancy, and upon the appointment of such successor, the title to all theproperty held by his predecessor shall at once, without any other act or deed,vest in the person appointed to fill such vacancy.