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Staying Legal

Whoever said, "The church is not a business?"  Maybe not - but we must do church business in a business-like manner.  Liability issues are now the church's biggest threat [not the IRS]. We will do well to structure rightly so as to avoid lawsuits and allegations of impropriety. Minutes and Church Policies are our best defense.

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This handbook addresses many of the legal and IRS issues that church leaders face in the handling of every day church business. And to avoid personal financial liability, MUST be aware of these things.
You have a corporation – but do you know "How To" do the church business? Contains more than 100 sample Minutes and Church Policies, enabling you to easily develop your church policies, and legally "catch-up" your incomplete Corporate Minute Book.
80% of the non-profits we’ve worked with, never had an organizational meeting, and in a lawsuit that is the first thing a judge would look for. This Manual, provides sample Minutes showing how to legally ratify this very important "Organizational" or "First meeting," of the church Board of Directors.

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Are By-Laws Required?

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

The HIPAA Law - And Privacy Rights

This is not a new subject, but I find that most churches are [for the most part] blissfully unaware of the HIPAA law, and it’s ramifications for the church.  This law actually came into effect on April 14, 2003, so as I said this is not a new issue at all.   Following is a bit of information you really need to be aware of.

Can The Church ‘Give’ Small Gifts?

   The question often arises; can the church give gifts to the pastor, employees, or its staff members? How about gifts to faithful teachers, hard working volunteers, or to those coming to our church for the 1st time?  What should we keep in mind in giving gifts of "Benevolence to the homeless, or even our own church members?"

IRS Inquiries and Audit Restrictions

There is a fear of the IRS, and in may cases, rightfully so.  But the IRS cannot just arbitrarily “Come in” and investigate a church, unless they have a very good reason to do so.  EG – if the church withholds payroll taxes and then does not report and send those monies in  - this WILL get the IRS in bed with the church, and they then have their reason to look at everything else

Can The Pastor Do As He Likes?

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:

  
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Church Administration
"How To" Manual

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