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This entry was published on 2014-09-22
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SECTION 63
Incorporation of unincorporated Presbyterian churches and decision as to system of incorporation and government
Religious Corporations (RCO) CHAPTER 51, ARTICLE 4
§ 63. Incorporation of unincorporated Presbyterian churches and
decision as to system of incorporation and government. A meeting for
the purpose of incorporation of an unincorporated Presbyterian church in
connection with the Presbyterian Church (U.S.A.), must be called and
held in pursuance of the provisions of this article.

1. The notice and call of such meeting shall be in writing, and shall
state in substance, that a meeting of such unincorporated church will be
held at its usual place of worship at a specified day and hour for the
purpose of incorporating such church and designating the trustees
thereof. The notice must be signed by at least six persons of full age
who are then members in good and regular standing of such church by
admission into full communion or membership therewith, in accordance
with the constitution of the Presbyterian Church (U.S.A.). Such notice
shall be publicly read at each of the two next preceding regular
meetings of such unincorporated church for public worship, at least one
week apart, at morning service, if such service be held on Sunday, by
the first named of the following persons who is present thereat, to wit:
The pastor of such church or the officiating minister thereof.

2. At the meeting for incorporation held in pursuance of such notice,
the following persons, and no others, shall be qualified voters, to wit:
All persons of full age, who are then members, in good and regular
standing of such church by admission into full communion or membership
therewith, in accordance with the constitution of the Presbyterian
Church (U.S.A.). The presence of twenty per cent of such qualified
voters, at least six in number, shall be necessary to constitute a
quorum of such meeting. The action of the meeting upon any matter or
question shall be decided by a majority of the qualified voters present.

3. The pastor of the church or the officiating minister thereof shall
preside at the meeting for incorporation. The presiding officer of the
meeting shall receive the votes, be the judge of the qualifications of
voters, and declare the result of the votes cast on any matter. Nothing
contained in this section, or in this chapter, shall prevent the
qualified voters at any such meeting, from choosing another person, a
qualified voter, to preside at such meeting, other than the person or
officer above designated.

4. The first business of such meeting after its organization, shall be
to determine whether such church shall be incorporated, and if so, the
name of such church, and whether its temporalities shall be managed by
the spiritual officers of such church as the trustees thereof, or
whether its temporalities shall be managed by trustees to be elected by
the church.

5. If such meeting shall determine that such church shall be
incorporated and its temporalities managed by the spiritual officers of
such church as the trustees thereof, then the meeting shall also
determine whether by virtue of their office, the board of deacons only
of such church, or the session with the board of deacons of such church,
or the session only of such church shall manage its temporalities, and
be the trustees of such corporation.

6. If such meeting shall determine that such church shall be
incorporated and its temporalities managed by trustees to be elected by
the church, it shall further determine the number of trustees of such
church, which shall not be less than three nor more than twenty-four,
and shall further determine the date not more than fifteen months
thereafter on which the first annual election of the trustees thereof
after such meeting shall be held, and such meeting shall elect from the
persons qualified to vote at such meeting, one-third of the number of
trustees so decided on who shall hold office until the first annual
election of trustees thereafter, one-third of such number of trustees to
hold office until the second annual election of trustees thereafter, and
one-third of such number of trustees to hold office until the third
annual election of trustees thereafter. The nomination and election of
trustees shall be conducted as provided in the constitution of the
Presbyterian Church (U.S.A.).

7. If any such meeting shall determine that such church shall
incorporate in pursuance of this article, the presiding officer and at
least two other persons present at such meeting, shall execute,
acknowledge and cause to be filed and recorded, as provided in this
chapter, a certificate of incorporation. Such certificate of
incorporation shall state the name of the proposed corporation; the
county and town, city or village, where its principal place of worship
is or is intended to be located; the fact that a meeting of such church
duly called decided that such church be incorporated, also the
determination of such meeting of all the matters required in this
article to be determined by such meeting, and, as the case shall be, the
names of the persons elected as trustees, and the term for which each
was elected, or the names of the spiritual officers and their offices,
who, by the determination of such meeting, are by virtue of their office
to be trustees of such corporation. On filing such certificate such
church shall be a corporation by the name stated therein, and the
officers determined upon by the meeting for incorporation and their
successors in office, by virtue of their offices, if they be spiritual
officers of such church, shall be the trustees of such corporation, or
if by said meeting it was determined that the trustees should be elected
as such, then such as were so elected by said meeting as trustees, and
their successors in office shall be the trustees of such corporation.