LegalFix

17-C - Property of Lutheran Congregations.

NY Rel Corps L § 17-C (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(i) The congregation takes action to dissolve;

(ii) The congregation ceases to exist;

(iii) The membership of the congregation becomes so scattered or diminished in numbers as to make it impracticable for such congregation to fulfill the purposes for which it was organized. In such case, the synod in order to protect the property from waste and deterioration, through the synod council or trustees appointed by it, may take charge and control of the property of the congregation to hold, manage, and convey the same on behalf of the synod. The congregation shall have the right to appeal the decision to the synod assembly;

(iv) The congregation is no longer recognized by the church under the disciplinary provisions of the Evangelical Lutheran Church in America; or

(v) The congregation terminates its relationship according to the procedure outlined in paragraph (b) of this subdivision.

(b) A congregation may terminate its relationship with the church by the following procedure:

(i) A resolution indicating desire to terminate its relationship must be adopted at a legally called and conducted special meeting of the congregation by a two-thirds majority of the voting members present;

(ii) The secretary of the congregation shall submit a copy of the resolution to the synodical bishop and shall mail a copy of the resolution to voting members of the congregation. This notice shall be submitted within ten days after the resolution has been adopted;

(iii) The bishop of the synod shall consult with the congregation during a period of at least ninety days;

(iv) If the congregation, after consultation, still desires to terminate its relationship, such action may be taken at a legally called and conducted special meeting of the congregation by a two-thirds majority of the voting members present, at which meeting the synodical bishop or an authorized representative shall be present. Notice of the meeting shall be mailed to all voting members at least ten days in advance of the meeting;

(v) A certified copy of the resolution to terminate its relationship shall be sent to the synodical bishop, at which time the relationship between the congregation and this church shall be terminated;

(vi) Notice of termination shall be forwarded by the synodical bishop to the secretary of the church and published in the periodical of the church; and

(vii) Congregations which had been members of the Lutheran Church in America shall be required, in addition to the foregoing provisions, to receive synodical approval before terminating their membership in the church.

(c) Subject to the provisions of the governing documents of congregations recognized at the establishment of the Evangelical Lutheran Church in America, the following shall govern the ownership of property by congregations of the Evangelical Lutheran Church in America:

(i) Title to property shall reside in the congregation. The congregation may dispose of its property as it determines, subject to any self-accepted indebtedness or other self-accepted restrictions;

(ii) Title to the undisposed property of a congregation that ceases to exist by virtue of subparagraph (i), (ii) or (iii) of paragraph (a) of this subdivision, shall pass to the synod of this church to which the congregation is related;

(iii) Title to the property of a congregation that is no longer recognized by this church as a result of discipline shall continue to reside in the congregation;

(iv) Title to the property of a congregation that has acted to terminate its relationship with this church by the provisions of paragraph (b) of this subdivision and to relate to another Lutheran church body shall continue to reside in the congregation; and

(v) Title to the property of a congregation that has acted to terminate its relationship with this church by the provisions of paragraph (b) of this subdivision and to become independent or to relate to a non-Lutheran church body shall continue to reside in the congregation only with the consent of the Synod Council. The Synod Council, after consultation with the congregation by an established synodical process, may give approval to the request to become independent or to relate to a non-Lutheran church body, in which case title shall remain with the majority of the congregation. If the Synod Council fails to give such approval, title shall remain with those members who desire to continue as a congregation of this church.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
17-C - Property of Lutheran Congregations.