By-laws of Main Street Community Church Page 1 of 12
By-laws of , a
(Name of Church)
Nonprofit Church Corporation
(Name of State)
ARTICLE I. OFFICES
SECTION 1. Principal Office. The principal office of the Corporation shall be in the State of
and shall be located in the City of ,
(Name of State) (Name of City)
County of . The Corporation, hereinafter called the Church, may have
(Name of County)
such other offices, either within or without the State of , as the Board
(Name of State)
of Trustees may designate or as the ministry of the Church may require from time to time.
SECTION 2. Registered Office. The Church shall continuously maintain in the State of
a registered office that may be the same as its principal office, and a
(Name of State)
registered agent as required by the Nonprofit Corporation Act. The
(Name of State)
address of the registered office may be changed from time to time by the Board of Trustees.
ARTICLE II. MEMBERS
SECTION 1. Election of Members. The Church may admit any individual as a Member. An
affirmative vote of a majority of the Trustees shall be required for admission.
You may join the Church as a full member through:
A. Profession of Faith — if you have never been a member of a Christian church but wish to do so now
B. Reaffirmation of Faith — if a previous membership has lapsed and you wish to renew
your vows with this congregation
C. Letter of Transfer — if you wish to transfer a current membership from another
congregation
No person shall be admitted as a Member without his or her consent. The Church will admit
Members for no consideration.
SECTION 2. Rights and Obligations of Members. Unless the Articles of Incorporation of the
Church or By-Laws provide otherwise, each Member is entitled to one vote on each matter voted
on by the Members. All Members shall have the same rights and obligations with respect to
voting. All Members shall have the same rights and obligations with respect to any other
matters, except as set forth and authorized by the Articles of Incorporation or these By-Laws.
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SECTION 3. Resignation of Member. A Member may resign at any time by filing a written
resignation with any corporate officer.
SECTION 4. Termination of Membership. No Member may be expelled or suspended, and no
Membership or Memberships may be terminated or suspended except pursuant to the procedure
provided herein carried out in good faith. The affected Member must receive not less than 15
days' prior written notice of the expulsion, suspension or termination and the reasons therefore
and an opportunity to be heard, orally or in writing, not less than five days before the effective
date of the expulsion, suspension or termination by the Board or a person or persons authorized
by the Board to decide that the proposed expulsion, termination or suspension not take place.
Any written notice given by mail must be given by first-class or certified mail sent to the last
address of the Member shown on the Church's records. Any proceeding challenging an
expulsion, suspension or termination, including a proceeding in which defective notice is
alleged, must be commenced within one year after the effective date of the expulsion, suspension
or termination.
ARTICLE III. MEETINGS OF MEMBERS
SECTION 1. Annual Meeting. The annual meeting of the Members shall be held on the first
Monday in the month of February, in each year, beginning with the year 20___, at the hour of
12:00 p.m., or such other time and date as may be determined by the Trustees, for the purpose of
electing Trustees and for the transaction of such other business as may properly come before the
meeting. At the annual meeting, the president and chief financial officer shall report on the
activities and financial condition of the Church and the Members shall consider and act upon
such other matters as may be raised consistent with these By-Laws. If the day fixed for the
annual meeting shall be a legal holiday in the State of , such meeting
(Name of State)
shall be held on the next succeeding day.
If the election of Trustees shall not be held on the day designated herein for any annual meeting
of the Members, or at any adjournment thereof, the Board of Trustees shall cause the election to
be held at a special meeting of the Members as soon thereafter as conveniently may be. The
failure to hold an annual meeting at the time stated in or fixed in accordance with the Church's
By-Laws does not affect the validity of any Church action.
SECTION 2. Special Meetings. Special meetings of Members may be called by the President,
the Board of Trustees, or not less than % of such Members as may be qualified to vote.
(Percentage)
SECTION 3. Place of Meeting. The Board of Trustees may designate any place within the State
of , as the place of meeting for any annual or special meeting of the
(Name of State)
Members. If no designation is made, the place of meeting shall be ,
(Street Address)
. However, if all Members shall meet at any time and place,
(City, County, State, Zip Code)
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either within or without the State of , and consent to the holding of a
(Name of State)
meeting, such meeting shall be valid without call or notice, and at such meeting any corporate
action may be taken.
SECTION 4. Notice of Meetings. Written or printed notice stating the place, day, and hour of
any meeting of Members shall be delivered personally or by mail, to each Member entitled to
vote at such meeting, not less than nor more than days before the date of such
(Number) (Number)
meeting, by or at the direction of the President, Secretary, or such officers or persons as are
calling the meeting. In the case of special meetings, or when required by these Bylaws or by law,
the purpose or purposes for which the meeting is called shall be stated in the notice. If sent by
mail, a notice of meeting shall be deemed delivered when deposited in the United States mail,
postage prepaid, addressed to the Member at the Member's address as it appears on the records of
the Church at the time of mailing.
SECTION 5. Informal Action by Members. Any action required or permitted to be taken at
any meeting of Members , may be taken without such meeting if a consent in writing, setting
forth the action to be taken, shall be signed by all Members entitled to vote with respect to such
action. Such a consent has the effect of a meeting vote and may be described as such in any
document
SECTION 6. Quorum. Members holding % of the total votes which may be cast at any
meeting shall constitute a quorum at such meeting. If a quorum is not present at any meeting of
Members, a majority of those present may adjourn the meeting from time to time without further
notice.
SECTION 7. Voting Rights. Each Member shall be entitled to one vote.
SECTION 8. Closing of Transfer Books or Fixing of Record Date. The Board of Trustees of
the Church may fix a date as the record date for determining the Members entitled to notice of a
Members' meeting, to vote at a Members' meeting, or to exercise any rights in respect of any
other lawful action. A record date may not be more than 70 days before the meeting or action
requiring a determination of Members occurs. If no such record date is fixed, Members at the
close of business on the business day preceding the day on which the meeting is held, are entitled
to notice of the meeting; Members on the date of the meeting who are otherwise eligible to vote
are entitled to vote at the meeting; and Members at the close of ministry on the day on which the
Board adopts the resolution to the exercise of any rights in respect of any other lawful action, or
the 60th day prior to the date of such other action, whichever is later, are entitled to exercise such
rights. A determination of Members entitled to notice of or to vote at a Membership meeting is
effective for any adjournment of the meeting unless the Board of Trustees fixes a new date for
determining the right to notice or the right to vote, which it must do if the meeting is adjourned
to a date more than 70 days after the record date for determining Members entitled to notice of
the original meeting.
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SECTION 9. Voting Lists. After fixing a record date for a notice of a meeting, the Church shall
prepare an alphabetical list of the names of all its Members who are entitled to notice of the
meeting. The list must show the address each Member is entitled to vote at the meeting.
The list of Members must be available for inspection by any Member for the purpose of
communication with other Members concerning the meeting, beginning two business days after
notice is given of the meeting for which the list was prepared and continuing through the
meeting, at the Church's principal office or at a reasonable place identified in the meeting notice
in the city where the meeting will be held.
ARTICLE IV. BOARD OF TRUSTEES
SECTION 1. General Powers. Except as provided by applicable law or in the Articles of
Incorporation, all corporate powers shall be exercised by or under the authority of, and the affairs
of the Church managed under the direction of its Board of Trustees.
SECTION 2. Number, Election, Tenure and Qualifications. The number of Trustees of the
Church shall be not less than three (3) nor more than ten (10). All the Trustees (except the initial
Trustees) shall be elected at the first annual meeting of Members, and at each annual meeting
thereafter.
SECTION 3. Resignation of Trustees; Removal of Trustees by Members. A Trustee may
resign at any time by delivering written notice to the Board of Trustees, its presiding officer or to
the President or Secretary. A resignation is effective when the notice is delivered unless the
notice specifies a later effective date. If a resignation is made effective at a later date , the Board
of Trustees may fill the pending vacancy before the effective date if the Board of Trustees
provides that the successor does not take office until the effective date.
The Members may remove one or more Trustees elected by them without cause. A Trustee may
be removed as provided above only if the number of votes cast to remove the Trustee would be
sufficient to elect the Trustee at a meeting to elect Trustees. A Trustee elected by Members m ay
be removed by the Members only at a meeting called for the purpose of removing the Trustee,
and the meeting notice must state that the purpose, or one of the purposes, of the meeting is
removal of the Trustee. An entire Board of Trustees may be removed under this Section.
Any Trustee may be removed, with or without cause, by the vote of % of the members of
the Board of Trustees at a special meeting called for that purpose. At any such meeting, any
vacancy caused by the removal may be filled as stated herein.
SECTION 4. Regular Meeting. Unless the Articles of Incorporation or these Bylaws provide
otherwise, a regular meeting of the Board of Trustees shall be held without other notice than this
Bylaw immediately after, and at the same place as, the annual meeting of Members.
SECTION 5. Special Meetings. Special meetings of the Board of Trustees may be called by or
at the request of the president or any two Trustees. Special meetings of the Board of Trustees
must be preceded by at least two days' notice of the date, time and place of the meeting. If no
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place for the meeting has been designated in the notice, the meeting shall be held at the principal
office of the Church. The notice need not describe the purpose of the special meeting.
SECTION 6. Place of Meetings. The Board of Trustees may hold regular or special meetings in
or out of this state.
SECTION 7. Quorum. A quorum of the Board of Trustees consists of a majority of the
Trustees in office immediately before the meeting begins. If less than such number necessary for
a quorum is present at a meeting, a majority of the Trustees present may adjourn the meeting
from time to time without further notice.
SECTION 8. Manner of Acting. If a quorum is present when a vote is taken, the affirmative
vote of a majority of Trustees present is the act of the Board of Trustees.
SECTION 9. Action without a Meeting. Action required or permitted to be taken at a Board of
Trustees' meeting may be taken without a meeting if the action is taken by all Members of the
Board. The action must be evidenced by one or more written consents describing the action
taken, signed by each Trustee, and included in the minutes or filed with the corporate records
reflecting the action taken. Action taken under this section is effective when the last Trustee
signs the consent, unless the consent specifies a different effective date. Such a consent has the
effect of a meeting vote and may be described as such in any document.
SECTION 10. Vacancies. If a vacancy occurs on the Board of Trustees, including a vacancy
resulting from an increase in the number of Trustees, (i) the Members may fill the vacancy, (ii)
the Board of Trustees may fill the vacancy, or (iii) if the Trustees remaining in office constitute
fewer than a quorum of the Board, they may fill the vacancy by the affirmative vote of a majority
of all the Trustees remaining in office. If the vacant office was held by an appointed Trustee,
only the person who appointed the Trustee may fill the vacancy. A vacancy that will occur at a
specific later date (by reason of a resignation effective at a later date or otherwise) may be filled
before the vacancy occurs, but the new Trustee may not take office until the vacancy occurs.
SECTION 11. Compensation. By resolution of the Board of Trustees, each Trustee may be
paid his expenses, if any, of attendance at each meeting of the Board of Trustees.
SECTION 12. Participation by Telephonic or Other Means. Unless the Articles of
Incorporation or these By-Laws provide otherwise, the Board of Trustees may permit any or all
Trustees to participate in a regular or special meeting by, or conduct the meeting through the use
of, any means of communication by which all Trustees participating may simultaneously hear
each other during the meeting. A Trustee participating in a meeting by this means is deemed to
be present in person at the meeting.
ARTICLE V OFFICERS.
SECTION 1. Number. The officers of the Church shall be a president, a vice president, a
secretary and a treasurer, each of whom shall be elected by the Board of Trustees. Such other
officers, assistant officers and agents as may be deemed necessary may be elected or appointed
by the Board of Trustees. Any two or more offices may be held by the same person.
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SECTION 2. Election and Term of Officers. The Officers of the Church to be elected by the
Board of Trustees shall be elected annually by the Board of Trustees at the regular meeting of the
Board of Trustees. If the election of officers shall not be held at such meeting, such election shall
be held as soon thereafter as conveniently may be. Each officer shall continue to serve until his
successor is elected and qualifies or until his death or until he shall resign or shall have been
removed in the manner hereinafter provided.
SECTION 3. President. The President shall be the chief executive officer of the Church, and
shall exercise general supervision and control over all activities of the Church. The President:
A.Shall preside at all meetings of Members and of Trustees;
B. May sign, with the secretary or other officer duly authorized by the Board of
Trustees, any deeds, mortgages, bonds, contracts, or other instruments the execution of
which has been authorized by the Board of Trustees, except in cases where the signing
and execution or such instruments has been expressly delegated by the Board of Trustees
by these bylaws, or to some other officer or agent of the Church by law; and
C. Shall perform all other duties generally incident to the office of President and
such other duties as may be prescribed by the Board of Trustees.
SECTION 4. Vice-President. In the absence of the President or in the event of the President's
inability or refusal to act, the Vice-President shall perform the duties of the President, and when
so acting, shall have all the powers of, and be subject to all the restrictions upon, the President.
Any Vice-President shall perform such additional duties as may from time to time be assigned to
him by the President or by the Board of Trustees.
SECTION 5. Treasurer. If so required by the Board of Trustees, the treasurer shall:
A. Give a bond for the faithful discharge of the treasurer's duties in such sum and
with such surety or sureties as the Board of Trustees may deem appropriate;
B. Have charge and custody of, and be responsible for, all funds and securities of the
Church;C. Receive and give receipts for moneys due and payable to the Church from any
source and deposit all such moneys in the name of the Church in such banks, trust
companies, or other depositaries as shall be selected by the Board of Trustees; and D. Perform all duties generally incidental to the office of treasurer and such other
duties as may from time to time be assigned to the Treasurer by the President or by the
Board of Trustees.
SECTION 6. Secretary. The Secretary shall:
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A.Keep the minutes of meetings of Members and of the Board of Trustees, in one or
more books provided for that purpose;
B. See that all notices are duly given in accordance with these Bylaws or as required
by law;C. Be custodian of the corporate records of the Church;
D. keep a Membership book containing the names and addresses of all Members and
Trustees of the Church, and with respect to any Membership that has been terminated,
record that fact together with the date of termination; and
E. Exhibit to any Trustee of the Church, or to a Trustee's agent, or to any person or
agency authorized by law to inspect them, at all reasonable times and on demand, these
Bylaws, the Articles of Incorporation, the Membership book, the minutes of any meeting,
and the other records of the Church.
SECTION 7. Resignation or Removal of Officers and Agents. A.An officer may resign at any time by delivering notice to the Church. A
resignation is effective when the notice is delivered unless the notice specifies a later
effective date.
B. The Board of Trustees may remove any officer at any time with or without cause.
An officer's removal does not affect the officer's contract rights, if any, with the Church.
An officer's resignation does not affect the Church's contract rights, if any, with the
officer. The appointment of an officer does not of itself create contract rights between the
officer and the Church.
C. Vacancies. A vacancy in any office because of death, resignation, removal,
disqualification, or otherwise, may be filled by the Board of Trustees for the unexpired
portion of the term. If a resignation is made effective at a later date and the Church
accepts the future effective date, the Board of Trustees may fill the pending vacancy
before the effective date if the Board of Trustees provides that the successor does not take
office until the effective date.
ARTICLE VI. CONTRACTS, LOANS, CHECKS AND DEPOSITS
SECTION 1. Contracts. The Board of Trustees may authorize any officer or officers, or agent
or agents, to enter into any contract or execute and deliver any instrument in the name of and on
behalf of the Church, and such authority may be general or confined to specific instances.
SECTION 2. Loans of the Church; Loans to Officers and Trustees.
A. No loans shall be contracted on behalf of the Church and no evidences of
indebtedness shall be issued in its name unless authorized by a resolution of the Board of
Trustees. Such authority may be general or confined to specific instances.
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B.The Church may not lend money to or guarantee the obligation of a Trustee or
officer of the Church.
SECTION 3. Checks, Drafts Etc. All checks, drafts or other orders for the payment of money,
notes or other evidences of indebtedness issued in the name of the Church, shall be signed by
such officer or officers, or agent or agents of the Church and in such manner as shall from time
to time be determined by resolution of the Board of Trustees.
SECTION 4. Deposits. All funds of the Church not otherwise employed shall be deposited
from time to time to the credit of the Church in such banks, companies or other depositories as
the Board of Trustees may select.
ARTICLE VII. INDEMNIFICATION
SECTION 1. Right of Indemnity. The Church may indemnify its officers and Trustees to the
fullest extent permitted under applicable law.
SECTION 2. Right of Church to Insure. The Church may purchase and maintain insurance on
behalf of an individual who is or was a Trustee, officer, employee or agent of the Church, or
who, while a Trustee, officer, employee or agent of the Church, is or was serving at the request
of the Church as a Trustee, officer, partner, Trustee, employee or agent of another foreign or
domestic Church, partnership, joint venture, trust, employee benefit plan or other enterprise,
against liability asserted against or incurred by him in that capacity or arising from his status as a
Trustee, officer, employee or agent, whether or not the Church would have power to indemnify
him against such liability under applicable law.
ARTICLE VIII. NOTICE
Notice may be oral or written. Notice may be communicated in person, by telephone, telegraph,
telefax, or other form of wire or wireless communication, or by mail or private carrier. If these
forms of personal notice are impracticable, notice may be communicated by a newspaper of
general circulation in the area where published, or by radio, television or other form of public
broadcast communication.
Written notice, if in a comprehensible form, is effective at the earliest of the following: A. When received;
B. Five days after its deposit in the United States mail, as evidenced by the postmark, if mailed correctly addressed and with first-class postage affixed;
C. On the date shown on the return receipt, if sent by registered or certified mail, return receipt requested, and the receipt is signed by or on behalf of the addressee;
D. Thirty (30) days after its deposit in the United States mail, as evidenced by the postmark, if mailed correctly addressed and with other than first-class, registered
or certified postage affixed.
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Written notice is correctly addressed to a Member of a domestic or foreign Church if addressed
to the Member's address shown in the Church's current list of Members. Oral notice is effective
when communicated if communicated in a comprehensible manner.
A written notice or report delivered as part of a newsletter, magazine, or other publication
regularly sent to Members shall constitute a written notice or report if addressed or delivered to
the Member's address shown in the Church's current list of Members, or in the case of Members
who are residents of the same household and who have the same address in the Church's current
list of Members, if addressed or delivered to one of such Members, at the address appearing on
the current list of Members.
Written notice is correctly addressed to a domestic or foreign Church (authorized to transact
ministry in this state), other than in its capacity as a Member, if addressed to its registered agent
or to its secretary at its principal office shown in its most recent status report or, in the case of a
foreign Church that has not yet delivered a status report, in its application for a certificate of
authority.
If applicable law prescribes notice requirements for particular circumstances, those requirements
govern. If the Articles of Incorporation or these By-Laws prescribe notice requirements not
inconsistent with this section or other provisions of applicable law, those requirements govern. ARTICLE X. WAIVER OF NOTICE; ASSENT TO ACTIONS
SECTION 1. A Member or Trustee of the Church may waive any notice required by applicable
law, the Articles of Incorporation or these By-Laws, before or after the date and time stated in
the notice. Except as provided below, the waiver must be in writing, be signed by the Member or
Trustee entitled to the notice, and delivered to the Church for inclusion in the minutes or filing
with the corporate records.
SECTION 2. A Trustee's attendance at or participation in a meeting waives any required notice
to him of the meeting unless the Trustee at the beginning of the meeting (or promptly upon his
arrival) objects to holding the meeting or transacting business at the meeting and does not
thereafter vote for or assent to action taken at the meeting. A Member's attendance at a meeting
(i) waives objection to lack of notice or defective notice of the meeting unless the Member at the
beginning of the meeting objects to holding the meeting or transacting business at the meeting,
and (ii) waives objection to consideration of a particular matter at the meeting that is not within
the purpose or purposes described in the meeting notice, unless the Member objects to
considering the matter when it is presented.
SECTION 3. A Trustee who is present at a meeting of the Board of Trustees or a committee of
the Board of Trustees when corporate action is taken is deemed to have assented to the action
taken unless (1) he objects at the beginning of the meeting, or promptly upon his arrival, to
holding it or transacting business at the meeting; (2) his dissent or abstention from the action
taken is entered in the minutes of the meeting; or (3) he delivers written notice of his dissent or
abstention to the presiding officer of the meeting before its adjournment or to the Church
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immediately after adjournment of the meeting. The right of dissent or abstention shall not be
available to a Trustee who votes in favor of the action taken. ARTICLE XI. FISCAL YEAR
The fiscal year of the Church shall begin on the 1st day of January and end on the thirty-first day
of December in each year. ARTICLE XII. CORPORATE SEAL
The Board of Trustees may provide a corporate seal which, if provided, shall be circular in form
and shall have inscribed thereon the name of the Church, the state of Incorporation, and the
words "Corporate Seal." ARTICLE XIII. AMENDMENTS
SECTION 1. Unless applicable law, the Articles of Incorporation, these By-Laws, the Members
[acting pursuant to subsection (b) of this section)], or the Board of Trustees [(acting pursuant to
subsection (c) of this section)] requires a greater vote, an amendment to this Church's By-Laws,
to be adopted, must be approved:
A.By the Board if the amendment does not relate to the number of Trustees, the
composition of the Board, the term of office of Trustees, or the method or way in which
Trustees are elected or selected; and
B. By the Members of two-thirds of the votes cast or a majority of the voting power,
whichever is less.
The Members may condition the amendment's adoption on its receipt of a higher percentage of
affirmative votes or on any other basis.
SECTION 2. If the Board initiates an amendment to the By-Laws or Board approval is required
by Subsection A of this Section to adopt an amendment to the By-Laws, the Board may
condition the amendments' adoption on receipt of a higher percentage of affirmative votes or on
any other basis.
SECTION 3. If the Board or the Members seek to have the amendment approved by the
Members at a Membership meeting, the Church shall give notice to its Members of the proposed
Membership meeting in writing in accordance with Section 4 of Article III. The notice must
also state that the purpose, or one of the purposes, of the meeting is to consider the proposed
amendment, and contain or be accompanied by a copy or summary of the amendment.
SECTION 4. If the Board or the Members seek to have the amendment approved by the
Members by written consent or written ballot, the material soliciting the approval shall contain or
be accompanied by a copy or summary of the amendment.
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Article XIV. SECTION 501(c)(3) STATUS
SECTION 1. Notwithstanding any other provision of these Bylaws, the purposes for which
the Church is organized are exclusively for charitable, religious, and educational purposes
within the meaning of Section 501(c)(3) of the Internal Revenue Code of 1986, or the
corresponding provision of any future United States Internal Revenue Law.
SECTION 2. This Church is organized exclusively for charitable, religious, and educational
purposes, including, for such purposes, the making of distributions to organizations that qualify
as exempt organizations under Section 501(c)(3) of the Internal Revenue Code of 1986, or the
corresponding provision of any future United States Internal Revenue Law
SECTION 3. No part of the net earnings of the Church shall inure to the benefit of or be
distributable to its Members, Trustees, Trustees, officers, or other private persons, except that the
Church shall be authorized and empowered to pay reasonable compensation for services
rendered and to make payments and distributions in furtherance of the purposes set forth in this
Article and Article II. No substantial part of the activities of the Church shall be the carrying on
of propaganda, or otherwise attempting to influence legislation, and the Church shall not
participate in, or intervene in (including the publishing or distribution of statements) any political
campaign on behalf of any candidate for public office.
Notwithstanding any other provision of these Articles, the Church shall not carry on any other
activities not permitted to be carried on (a) by a Church exempt from federal income tax under
Section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any
future United States Internal Revenue Law) or (b) by a Church, contributions to which are
deductible under Section 170(c)(2) of the Internal Revenue Code of 1986 (or the corresponding
provision of any future United States Internal Revenue Law).
SECTION 4. Upon the dissolution of the Church, the Board of Trustees shall, after paying or
making provision for the payment of all of the liabilities of the Church, dispose of all the assets
of the Church exclusively for the purposes of the Church in such manner as the Board of
Trustees shall determine, or to such organization or organizations organized and operated
exclusively for charitable, religious, or educational as shall at the time qualify as an exempt
organization or organizations under Section 501(c)(3) of the Internal Revenue Code of 1986 (or
the corresponding provision of any future United State Internal Revenue Law). Any such assets
not so disposed of shall be disposed of by the chancery court of the county in which the domicile
of the Church is then located, exclusively for such purposes to such organization or
organizations, as said court shall determine, which are organized and operated exclusively for
such purposes.
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The foregoing By-Laws of Main Street Community Church (Articles I through XIV), are hereby
certified to be a true copy of the By-Laws adopted by the Trustees of Main Street Community
Church and effective as of the .
(Date)
SEAL _________________________________
(Signature of Trustee)
(Printed Name of Trustee), Trustee _________________________________
(Signature of Trustee)
(Printed Name of Trustee), Trustee _________________________________
(Signature of Trustee)
(Printed Name of Trustee), Trustee
