The FOLLY of an INCORPORATED CHURCH


The word "Church" does not refer to any physical building, but refers to the whole body of believers in a deity. The word "church" is translated from the Greek word ekklesia, which literally means "assembly" or "congregation" of people; it does not refer to bricks and mortar - any physical building.

His Kingdom is "not of this world" in that it does not derive its authority and power from the world or its institutions. The Church is a spiritual organization, meaning that it is "of the Spirit" - it relies upon the Holy Spirit and the inspired Word for its existence, not upon the efforts or laws of men.

It is important, particularly in U.S.A. that a church be an UNINCORPORATED church, and that any property that it possesses or acquires, be placed in the name of those holding Offices of that Church - in other words, under one or more CORPORATIONS SOLE. It is conceivable that in a small church, all members could be organized as Corporations Sole. This would be particularly true if its mission was solely or principally to address an audience on the internet.

"Congress shall make no law regarding an establishment of religion, or prohibiting the free exercise thereof"
(U.S. Constitution, First Amendment).

According to Supreme Court Justice Hugo Black: "The establishment clause of the First Amendment means at least this: Neither a state nor the federal government can set up a church"
(Everson v. Board of Education, 1947).

Despite this many states have legislation for the incorporation of a church as well as the incorporation of a corporation sole. This effectively puts you under government control.

If you are an incorporated church you are subject to total governmental CONTROL - whom you may hire, what you may and may not teach and preach, you cannot conflict with "public policy" nor assault the hearer's sense of mental well-being, self esteem, sexual orientation, etc. The IRS prohibits such organizations from "carrying on propaganda, or otherwise attempting to influence legislation" (26 USC 501-C-3). What if the Bible is ruled one day by the government to be 'politically incorrect' ..... the incorporated church would be in dire straits.

Furthermore, on the implementation of NESARA and the return to Common Law, all statutes become null and void. You will then have to restructure your organisation - unless your church is unincorporated, with a common law charter, and your Corporation Sole is also under Common Law!

"Corporate existence is a privilege granted by the sovereign upon compliance with specified conditions"
(Len Young Smith and G. Gale Roberson, Smith and Roberson's Business Law, West Publishing Company, 1966, page 931.)

Man, created by God in the image of God, was granted by God certain "inalienable rights" which are constitutionally protected. Corporations, created by the State, are not "real" or "natural" persons and, therefore, have no constitutionally secured rights!

In other words, a corporation has no rights, only privileges which may be revoked any time its creator (government) sees fit. Individual members ("shareholders" or "corporate franchises") also surrender their rights because of their legal union with the corporation. So the IRS may audit the corporation's financial records at any time, because, as one former IRS commissioner stated, "The churches... hold in trust that which belongs to the government." This is the law, and it cannot be changed by amendments to church by-laws, or even by the good intentions of church leaders.

Furthermore, the incorporated church itself greatly increases its own susceptibility to a lawsuit due to the fact that a business is far more likely to be sued than is a strictly religious organization. Unincorporated churches are immune, they cannot sue, nor be sued by, anyone.

The IRS knows very well that it has no constitutional authority over the Church, and that it may not violate the First Amendment protection against government interference with the Church. In fact, the IRS may not violate the constitutionally secured rights of any American Citizen or group of Citizens, and is able to gain jurisdiction only when such is given to it voluntarily. Thus, the IRS holds out the unbiblical "advantage" of 501(c)(3) corporate status as bait to clergy ignorant of the law in the hope that they will "bite," thereby placing themselves and their congregations firmly on its jurisdictional hook!

There are profit-making businesses and there are non-profit businesses, but a business is a business in the eyes of government. The act of incorporating a church confirms that it has requested permission of the State to operate as a business. Not only does it have its charter and articles of incorporation on file with the Secretary of State, but it is also required to list a President, Vice-President, Secretary, and Treasurer. An unincorporated church cannot be held to the standards of a corporation doing "business" as a church.

Black's Law Dictionary, 5th Edition, defines 'organization' as a "corporation or government subdivision or agency, business trust, partnership or association ..... or any other legal or commercial entity". This definition shows that an organization, even if it functions as a church, is recognized as commercial and public; an incorporated Church is legally interpreted as a commercial entity. But didn't Jesus say "make not my Father's house an house of merchandise" (John 2:16)?

The minister and other members of the church should not be listed as 'employees' for Social Security purposes. The IRS exists to regulate revenue which is internal to the federal government. Consequently, in the Internal Revenue Code, an "employee" is specifically defined as follows: "an officer, employee, or elected official of the United States, a State, or any political subdivision thereof" (26 USC 3401-C). By listing the minister as an "employee" who earns "income," the incorporated church is unknowingly identifying him as one who works for the federal government. A church congregation is a private assembly of individuals, coming together as a family, to worship their Lord. Biblical worship is not a "public" activity. Jesus Christ, not the State, ordained the assembling together of believers.

It was one of the principles of the 16th century Reformation that the Church and the State are separate governments, and that, although they are to work together for the furtherance of God's Kingdom, they are not to either merge with one another or usurp the sphere of authority of one another (Westminster Confession of Faith, Chapter XXIII:3) The Church is forbidden by Scripture to take up the State's "sword" (Romans 13:4), and the State is likewise forbidden to assume the Church's "keys" (Matthew 16:19). However, as we will see, the latter is precisely what occurs whenever a church seeks incorporation at the hands of the State.

Just what "advantage" is there for a church in obtaining 501(c)(3) recognition and thereby exchanging its sovereignty for a subordinate status in relation to the federal government? Most people would answer that such grants the church exemption from taxation. However, the federal government has never been able to tax the Church; the Church is not exempt from taxation, it is immune. The "advantage" is something else entirely:

"A corporation is a creature of the state. It is presumed to be incorporated for the benefit of the public. It receives certain special privileges and franchises and holds them subject to the laws of the state and the limitation of its charter. Its powers are limited by law. It can make no contract not authorized by its charter. Its rights to act as a corporation are only preserved to it so long as it obeys the laws of its creation. There is a reserved right in the legislature to investigate its contracts and ascertain if it has exceeded its powers" (Hale v. Henkel, 201 U.S. 43).

"[A corporation is a creature of the state,] an artificial person or legal entity created by or under the authority of the laws of a state. An association of persons created by statute as a legal entity .... The corporation is distinct from the individuals who comprise it (shareholders).... Such an entity subsists as a body politic under a special denomination, which is regarded in law as having a personality and existence distinct from that of its several members."
(Black's Law Dictionary West Publishing Company, 1991; 6th Edition, page 340)

"A corporation derives its existence and all of its powers from the State and, therefore, has only such powers as the State has conferred upon it. Power is used here to mean the legal capacity to execute and fulfill the objects and purposes for which the corporation was created, and the source of this power is the charter and the statute under which the corporation was organized."
Len Young Smith and G. Gale Roberson, Smith and Roberson's Business Law, West Publishing Company, 1966, page 796.

In contrast, the church is created by, a creature of, derives its existence from, subject to, and obeys the Law of, Jesus Christ.

From time to time there occur schisms within a church. Formation of a church as an unincorporated body with all its assets held by Corporations Sole prevents any future division within that church, as the office of Corporation Sole cannot be transferred to another church. The possibility of loss of these assets therefore does not exist.

Further notes and explanations:

"Corporations are not citizens.... The term citizen... applies only to natural persons... not to artificial persons created by the legislature"
Paul v. Virginia, 8 Wall. 168, 177; see also the Opinion of Field, J., in the Slaughterhouse Cases, 16 Wall.36,99.

"Instances of non-profit corporations are educational institutions, athletic clubs, library clubs, fraternities, sororities, hospitals, and organizations which have exclusively a charitable purpose"
Smith and Roberson's Business Law, West Publishing Company, 1966, page 789.

"churches" are conspicuously absent from this list of non-profit corporations because our law-makers are fully aware that incorporation involves creation, and the Church simply cannot be created by the State. Furthermore, the Church's ordained purpose of preaching the Gospel can never be illegal, so no special license is required from the State to do so.

"By establishing its exemption, potential contributors are assured by the [Internal Revenue] Service that contributions will be deductible" Tax Exempt Status for Your Organization, IRS Publication 557. The tragic irony of all this is that, according to the Internal Revenue Code, financial donations to an unregistered, unincorporated church are automatically tax-deductible (26 USC 170-B)! But is this biblical?

In a civil suit, a corporation's defense is limited to the terms specifically enumerated in its charter and articles of incorporation. All other "extrinsic evidence," including the Bible or any historical Christian creeds or standards, will be disallowed in a State court case, because they are "not contained in the body of [the] contract." (Black's Law Dictionary, p. 588). Outside of its own walls, the incorporated church may not stand on the authority of the Scriptures regarding any political or civil issue, because it is bound by the "higher laws" of the State.

According to the ruling of the Supreme Court: "There is a clear distinction in this particular between an individual and a corporation and that the latter has no right to refuse to submit its books and papers for an examination at the suit of the State. While an individual may lawfully refuse to answer incriminating questions unless protected by an immunity statute, it does not follow that a corporation vested with certain privileges and franchises, may refuse to show its hand when charged with an abuse of such privileges.
Hale v. Henkel, 201 U.S. 74-75.

"Whenever a corporation makes a contract it is the contract of the legal entity ...The only rights it can claim are the rights which are given to it in that charter, and not the rights which belong to its members as citizens of a state"
Bank of Augusta v. Earle, 13 Pet. 586).

"Human beings are called 'natural persons' to distinguish them from 'artificial' personas or corporations. To acquire the status of artificial or legal personality, the group seeking it must be incorporated, i.e., must obtain a formal state license. In modern civil law, while incorporation is necessary for some purposes, chiefly in commercial law, and group of persons, acting as a unit, may be treated as an artificial or legal person."
Warren Co. v. Heister, 219 La. 763, 54 S.2d 12." Radin Law Dictionary (1955), page 249.

Quote:- (NOT my opinion!)

An unincorporated church ministry, such as a local mission or family assembly, is the only authority that may grant a charter for the creation of a Corporation Sole. The Articles of Incorporation and Charter must be registered with the church before notice of its existence can be given. A filing with the Secretary of State or county recorder provides notice to the public at large and to the state in general that a given Corporation Sole is the exclusive overseer of the unincorporated ministry that created it.

Just as there is only one office, there can be only one office holder at any given point in time. Thus, the word "sole" meaning singular. That single office is incorporated into the body of Christ to serve the unincorporated ministry. The Corporation Sole is historically Christian in its function and structure and is exempt from federal, state or local license or tax by its very nature ......

The Church is the religious society founded and established by Jesus Christ, to receive, preserve, and propagate His doctrines and ordinances. A Church is a body or community of Christians, united under one form of government by the profession of the same faith and the observance of the same ritual and ceremonies. A Mission is an establishment of churches, schools and relief depots through which are taught the principles of Christianity, the afflicted cared for, and the needy supplied.
Black's Law Dictionary (6th Edition).

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