How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely, Attorney
Category: Business Law
Satisfied Customers: 99417
Experience:  Counselor at Law.
Type Your Business Law Question Here...
Ely is online now
A new question is answered every 9 seconds

I have applied to the NY State Dept of a church as a

Customer Question

I have applied to the NY State Dept for incorporation of a church as a non-profit corporation. They have refused and have referred me to the NY Religious Corporation Law which states that for churches, one must register with the county rather than the state. Taxwise, I believe that a state registration would be preferred. Is there any way to obtain that, given their negative response?
Submitted: 2 months ago.
Category: Business Law
Expert:  Ely replied 2 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry, but no. Corporations formed pursuant to the NY Religious Corporations Law are generally created by filing a Certificate of Incorporation with the office of the county clerk in the county in which the principal office or place of worship is located. New York Religious Corporations Law § 3.

Only if there is "not, or is not intended to be, any such office or place of worship, the certificate shall be filed and recorded in the office of the secretary of state." New York Religious Corporations Law § 3.

So unless there is no centralized worship place (for example, the church will only be online), the incorporation has to be filed with the county.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 2 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

Related Business Law Questions