Administrative Assistance

There is no state or federal law requiring you to have By-Laws.  But without By-Laws, your church [or fellowship] would not be tax exempt in the eyes of either the state or the IRS. And in the event of an audit, any and all income would likely be ascribed to the leader [pastor] or leadership

Written as a rebuttal against those advocating the "Free Church" movement, expressing fear of incorporating, and being "501(c)(3)."  Essentially, the proponents of the ‘Free Church’ movement argue that by incorporating, we are allowing “Caesar’’ into our church;  Or to take steps to be 501(c)(3) compliant, will “give ‘Caesar’ control over the church.”

The answer will be found within the church By-Laws.  Some churches have a ‘Democratic’ form of government, where the congregation [Membership] has all authority, while other churches are under virtual dictatorship by the pastor.  Church by-laws provide for Boards of Directors or Trustees; but what ‘rights’ the pastor has, is always defined in the By-Laws:

Unless, and until, authority has been granted an individual by action of the Board, no person [the pastor; the pastors wife; NO one] has authority to spend church monies, except where a Budget has been established, with monies approved for specific projects/programs. 

There is great confusion over whether the Pastor is Self Employed, or a Staff Minister.  The answer is not simple, but YES - he is BOTH!  The one has to do with how taxes are paid, the other with how the church is required to report.