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Pastor, Church & Law

written by Richard R. Hammar, J.D., LL.M., CPA

Compliance with a Church's Governing Instrument in the Selection

Volume 1 . Chapter 2 . § 2-01.3
Key point 2-01.3. Churches should comply with their governing instrument in the selection of a minister. If an unincorporated church has no governing instrument, or its governing instrument does not address elections, then the established practice of the church should be followed. Incorporated churches having no provision in their governing instrument addressing elections may be subject to the provisions of state nonprofit corporation law.

If a minister may be selected by vote of the congregation, it is important that the congregational vote be conducted pursuant to the church's constitution, bylaws, or other governing instrument. Failure to comply with the procedure set forth in a church's governing instrument in the selection of a minister ...

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