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Roger
Roger, Attorney
Category: Business Law
Satisfied Customers: 26576
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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My father in law started a church and incorporated it as a

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My father in law started a church and incorporated it as a non-profit corporation. When he retired, he verbally appointed another man to be pastor and left. The existing board consisted of 3 people. The church struggled with the new pastor and a division ensued. One board member was recruited by a volunteer preacher and helped the self-appointed preacher form a new board and declared the other board void. The existing board members tried to resist by locking the doors, changing the locks, etc. but this man had connections in the police force in the small town and was able to continue with his takeover.
The original corporation papers had 4 trustees, non of whom were currently going to the church but non agree with this man's takeover. The church building and the land (about 3-4 acres) is all paid for and it looks like this man is out to grab the land and maybe sell it for his profit. The church is in a poor area of Idaho and there are many baby christians there. Could you give us some advice? The original 4 trustees are willing to work together to regain control of the church property but we don't know what direction to take and what is our legal right. Please help....AK
Submitted: 3 years ago.
Category: Business Law
Expert:  Roger replied 3 years ago.

Hi - my name is XXXXX XXXXX I'm a Business litigation attorney here to assist you.

 

I can give you some advice, but you really need a local attorney to help you with this to re-take the church.

 

The main issue is that the old board can't be removed and taken over unless there is a vote by the church members and board to replace the old board with the new board.

 

I think the old board has every right to retake control, but you're going to need an attorney to work with the members of the old board to re-take control and try to keep the peace.

Customer: replied 3 years ago.
How do I find an attorney in my area who is knowledgeable about this type of case? It would be great to have a christian attorney. Do you know of a data base to search for a local attorney who can help?

Also, what type of paperwork do we need to have when we see the attorney? Is it just the corporation papers on file or do we need the minutes from the years of meetings and such. Is it possible for them to file new corporation papers under a different name that would give them access to the land and buildings that would hold up in court? They also were able to get hold of the church bank account.
Expert:  Roger replied 3 years ago.
You can search for a local attorney in your area at www.martindale.com.

I would recommend that all board members meet with the attorney and bring copies of the operating agreement, any minutes from board meetings, and any other documents related to the business of the church.

They cant get access to the money or the land unless the old board signs off on a transfer.
Roger, Attorney
Category: Business Law
Satisfied Customers: 26576
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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