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The Glory Land

A Church Closes Then Sold Who Gets The Money?

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In accordance with the church bylaws.

 

 

With our church the bylaws state it is disbursed between churches, missionaries, and/or ministries of like faith severally as deemed by the congregation at closure. (after liquidation and satisfaction of all liabilities)

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In accordance with the church bylaws.


With our church the bylaws state it is disbursed between churches, missionaries, and/or ministries of like faith severally as deemed by the congregation at closure. (after liquidation and satisfaction of all debits)




What if the pastor takes it, and starts a church on his own. Different or new members. Would this be stealing?

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Back to the bylaws, most are set up with the church deciding to close, merge, re-incorporate, et.al.

 

If the church chooses to remain and the pastor takes the bank account (or portion thereof) without the approval of "body" as set forth in said bylaws then he is in violation of the same.

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Back to the bylaws, most are set up with the church deciding to close, merge, re-incorporate, et.al.

 

If the church chooses to remain and the pastor takes the bank account (or portion thereof) without the approval of "body" as set forth in said bylaws then he is in violation of the same.

 

That's when the lawyer gets involved ..... lol

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Back to the bylaws, most are set up with the church deciding to close, merge, re-incorporate, et.al.

If the church chooses to remain and the pastor takes the bank account (or portion thereof) without the approval of "body" as set forth in said bylaws then he is in violation of the same.



Lets say old members did not agree with the new pastor, and left. The church fall short on the bills. Now, the pastor wants a new beginning else where. Can he sell and do what he pleases. Independent Baptist church

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The church has no members? If the pastor's the only remaining member then I guess he can do what he wants. But if there're any other members it needs to be by majority vote - at least that's how I'd see it panning out in the ones I know.

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Depends how the church is set up.  If it's non-incorporated, then the pastor is considered the "owner".... then I suppose "legally" he could close the church, take the money, and start a new one elsewhere.   It's been done, although it ruins people in the process, since this isn't a godly thing to do.   However it's risky to have a church set up like this because the pastor is also liable for any debts or things that go wrong with the church, I think.    

 

However every church should have something in their bylaws or constitution to deal with this.

 

If the church is incorporated, then the money belongs to the church (I think that's how it works) and the church decides what to do with any extra after all debts have been paid.  I can't see that being an issue though, since most churches probably close because there IS no money.  Which is why they close.

 

Some of them merge, too, in which case the money would go in a pot with the merging church's money.

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Depends how the church is set up.  If it's non-incorporated, then the pastor is considered the "owner".... then I suppose "legally" he could close the church, take the money, and start a new one elsewhere.   It's been done, although it ruins people in the process, since this isn't a godly thing to do.   However it's risky to have a church set up like this because the pastor is also liable for any debts or things that go wrong with the church, I think.    

 

However every church should have something in their bylaws or constitution to deal with this.

 

If the church is incorporated, then the money belongs to the church (I think that's how it works) and the church decides what to do with any extra after all debts have been paid.  I can't see that being an issue though, since most churches probably close because there IS no money.  Which is why they close.

 

Some of them merge, too, in which case the money would go in a pot with the merging church's money.

 

Thanks, do the Southern Baptist have this set up this way, I was told the church can be sold for 1 Dollar, to a church that is of the same faith or growing. Just pretty much handed down.

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Our church has a trust deed.  I think most churches do, and it may be a legal requirement to have one, for buildings held by the church.  You have to have trustees.  I am not sure if they can be members of the church, they could be some years ago, but laws have been tightened up recently and may have been changed. Our trustees are an outside organization, FIEC Ltd, a charitable company, who would decide what would happen to the buildings according to the trust deed.  Our original trust deed said the work should always be carried on as a mission.  When we wanted to change the name to a church, before my time, we had to get the House of Lords to agree to the change of the deed.

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In our country, UK, churches are considered to be charities, and charities cannot own property, so the trustees own the property. However, the officers of the church, pastors, elders or deacons, are considered to be trustees on the ground, and in the case of, say, being sued for negligence, they could be liable to unlimited fines.  There is, however, a new category called CIO, which is Charitable Incorporated Organisation, which is similar in a way to a limited company, where the church, or mission or any other charity can hold property,  So the CIO is the legal entity.

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I know of a church where the pastor was voted in and through the course of 2 years he drove all the members away and then sold the Church building, the Christian School, and the land that the church was planning on building a future building on. After selling all of those he closed the church and left town. There was no members left to do anything about it. Sad, but this does happen sometimes.

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Again, what do the bylaws state and what does the secular law within that state stipulate. There is also the fact that something can be legal and not ethical.

Also, is this money now used for the preacher's home or set aside for a future church location?

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