Religious Corporations

Representing religious corporations requires knowledge and experience. It is important for your church, synagogue or mosque to hire an experienced team of legal professionals that has the necessary skills to guide you through the process. At Berger, Fischoff, Shumer, Wexler & Goodman, LLP, our team of legal professionals is experienced in satisfying the needs of our religious corporation clients. We can assist your organization with all of its legal needs.

Selling, financing or leasing a Church, Synagogue, Mosque, Temple or other religious corporation property may require court or attorney general approval.

Section 12 of the New York State Religious Corporation Law requires that for many religious organizations, the sale, mortgage or lease for a term exceeding five years of any of its real property must obtain consent of the New York State Attorney General or the New York State Supreme Court. While this process can be quite complicated, our office regularly represents clients in these types of transactions. Because of our experience, we can often avoid the necessity of multiple re-drafts or submissions to the court or Attorney General which can help you save time and money. Our legal services help streamline the process by making it more efficient. We provide the following services to assist your court or Attorney General approval application to sell, lease or finance your religious corporation:

1. A checklist of items necessary to sell, transfer, or lease religious corporation property
2. A draft of the Resolutions and Notices necessary for your religious corporation
3. The necessary Petition(s) to the court or Attorney General with all exhibits
4.  A breakdown of anticipated closing costs and expenses
5. Closing of title with an attorney experienced in representing both religious corporation and real estate clients
6. Legal advice and guidance throughout the process

Forming your Church, Synagogue, Mosque, Temple or other religious corporation.

We can assist you in forming or dissolving your religious corporation in compliance with the New York State Religious Corporation Law. In order to obtain and maintain tax exemption, it is necessary to file and maintain accurate records. Your organization should also have its corporate documentation and structure periodically reviewed for compliance. Failure to maintain proper filings could result in a loss of tax exemption. Our office can assist with:

1. 501(c)(3) corporate formation and governance (including group filings)
2. Conflict of Interest Policy. Note that New York State requires that nonprofits must have a Conflict of Interest Policy to ensure that its directors, officers, and key employees act in the nonprofit’s best interest and comply with applicable legal requirements.
3. Corporate Resolutions
4. Corporate Structure
5. Strategic planning and advice.
6. Reducing Liability risk for officers and trustees

Dissolving your Church, Synagogue, Mosque, Temple or other religious corporation.

Religious Corporations must be dissolved pursuant to a court order (See Religious Corporation Law Section 18). It is essential that the dissolution follow the guidelines set forth in the law. The trustees of the organization can petition the court to allow the remaining assets of the corporation to be devoted and applied to any another religious, benevolent, or charitable object or purpose.  We can assist you in dissolving your religious corporation and transferring the assets to a similar organization chosen by the remaining members and/or trustees. Our services include:

1. A checklist of items necessary to dissolve the religious corporation
2. A draft of the Resolutions and Notices necessary for your religious corporation
3. The necessary publication required for dissolution
4. The necessary Petition(s) to the court with all exhibits
5. A breakdown of anticipated closing costs and expenses
6. Closing of title with an attorney experienced in representing both religious corporation and real estate clients
7. Legal advice and guidance throughout the process

Church, Synagogue, Mosque, Temple or other religious corporation disputes.

At Berger, Fischoff, Shumer, Wexler & Goodman, LLP, we hope your religious organization never has an internal or external dispute. Unfortunately, sometimes conflict cannot be avoided. Our office can provide legal counsel to assist with your religious corporation litigation needs. Our services includ (but are not limited to):

1. Corporate litigation prosecution or defense stemming from corporate governance disputes and/or property claims after a change in affiliation.
2. Dispute resolution counseling
3. Strategic planning and advice.

Contact Berger, Fischoff, Shumer, Wexler & Goodman, LLP today at: 516-747-1136 (Long Island) or 718-934-8811 (New York City) for a Free Consultation with a member of our Religious Corporation team or simply contact us at: Religiouscorporations@bfslawfirm.com.

BERGER, FISCHOFF, SHUMER, WEXLER & GOODMAN, LLP…EXPERIENCED LEGAL REPRESENTATION THAT YOU CAN AFFORD!!!