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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111449
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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The Elder's of our church sold a parcel of property. At

Customer Question

The Elder's of our church sold a parcel of property. At there next meeting with the congregation they read: OPTIONS FOR EBC Use the money from the land sale for operating
until it runs out. Use some of the money from the land sale to try to find someone to work
with the youth on part time basis. Use some of the money from the land sale to hire a church consulting firm for recommendations on how to increase our attendance. Merge with another small church. Allow another church to use the building for services at time different than our for a fee. Sell our property and buy or lease another smaller faculty. Lease a smaller facility & at the same time lease our facility to another church. Do a church building swap.
I requested financial information and records to be made public. I was told that would never happen.
Do we have rights as non-profit to receive information need to make any decisions?
(By-laws, tax reports, income and expenses for the last 3 yrs. salaries)
Can we follow the Colorado Revised Statues for 2011 Title 7 Article 121 which is for non-profit & corp.
Submitted: 5 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If they are a registered 501c3, then their records regarding financial statements would be public information. If they would refuse to make the information public, then you would have no remaining recourse other than spending money on an attorney to sue for the disclosure, since that is the remedy for failure to comply with the public records requirement for a non-profit, you have to sue them.
Customer: replied 5 months ago.
I don't know what 501c3 is. They a registered with the State of Colorado Secretary of State. They also hold a Certificate of Incorporation in the State of Colorado. At one time 1600 members.
Customer: replied 5 months ago.
I also asked about the statues you did not reply.
Expert:  Law Educator, Esq. replied 5 months ago.

Thank you for your reply.

Sorry, it is a Non-profit corporation (501c3). If they are registered as such, they have to make their financial records available. Here are the rules on them disclosing the information under public records disclosures that any non-profit entity must make: https://www.irs.gov/charities-non-profits/exempt-organization-public-disclosure-and-availability-requirements. Also see the Colorado Open Records Act: C.R.S. 24-72-201 to 24-72-309.

Customer: replied 5 months ago.
Am a I to understand that 501c3 is not for a non-profit.
Expert:  Law Educator, Esq. replied 5 months ago.

Yes, as I said above a Non-profit Corporation is a 501c3 and that designation relates to Section 501 of the tax code, which governs non-profit entities.

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