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

Compliance with a Church's Governing Instrument in the Selection of a Minister

§ 2.01.03
Key point 2-01.03. Churches should comply with their governing documents in the selection of a minister. If a church has no governing document, or its governing document does not address elections, then the established practice of the church should be followed. Incorporated churches having no provision in their governing documents 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 document. Failure to comply with the procedure set forth in a church's governing documents in the selection of a minister may nullify the ...

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