Developing articles of incorporation and a constitution are crucial when you are starting a church.

Articles of Incorporation
A church should form a legal entity right away. In order to be a legal entity, every church needs to form a corporation with the IRS and the state by developing the articles of incorporation and registering them with the Secretary of State. This clearly communicates that you are a church and a non-profit. It also gives you the ability to pay employees and receive donations.

The articles of incorporation are the primary rules governing the management of the church. The articles should be as brief and as clear as possible, and they should generally include the following:

• The legal name of the church.
• The name of the person organizing the church, known as the “incorporator.”
• The fact that the organization is for a “religious purpose,” specifically as a church, and is recognized as a non-profit corporation.
• The name and location of the church’s “registered agent,” which is the person, including his/her address, to which legal papers can be served if necessary.
• The names of the initial elders.
• An indemnification clause protecting the elders.

Changes to the articles are referred to as restatements. Restatements must be filed with the Secretary of State.

Constitution
The constitution is a clear set of standards by which the church will operate. It helps provide protection for the church and pastors by clearly communicating who makes decisions and how decisions are made. It can be a complicated document because it will communicate theological, philosophical, and operational standards. The word “constitution” is synonymous with the more familiar term, “bylaws.” The constitution typically includes:

• The number of elders, their duties, how they are elected, and their term of office.
• How meetings of elders are conducted.
• Officers of the church and a brief description of their duties.
• Qualifications for church membership.
• Voting privileges of members and elders.
• Provisions for revision of the constitution.

The constitution is not registered with the Secretary of State, but it is a critical document. It should be adopted once the elder board is in place and very close to when the church starts services.

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