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Pastor, Church & LawMember access only

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

Securities Law

§ 6.07.06
Key point 6-07.06. Federal and state securities laws make board members personally liable for acts of fraud committed by an organization in connection with the offer or sale of securities. These laws apply to churches, and as a result church board members may be liable for fraudulent practices occurring in connection with the offer or sale of church securities.

Section 410(b) of the Uniform Securities Act (adopted in most states) imposes civil liability on every officer or director of an organization that (a) offers or sells unregistered, nonexempt securities; (b) uses unlicensed agents in the offer or sale of its securities (unless the agents are specifically exempted from registration under state law); or (c) offers or sells securities by means of any untrue statement of a material fact or any omission of a material fact. In recent years, a number of churches have violated some or all of ...

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