Law for New Churches and Pastors/Bishops?

Question

What are the laws for someone who wants to be a qualified pastor/bishop and also to open a New Ministry/Church ?

Please send me the articles etc if possible.

God Bless.

G

Answer 1

You might start with this website: www.irs.gov (then check out publication 1825).  Also go to www.fgfcmi.org and type in "procedure for starting a church".  And, check this website out www.admin-assist.com; type in "Simple steps to start a Church".  

Here is a information taken from that website: "The first thing you need to consider is WHY you are going to start a church.  Unless you are clearly under the direction of God, and led of the Holy Spirit – please stop reading right here.  Don’t do it!  Especially don’t do it, if your intentions are to start a church just for a perceived monetary value or gain.  The IRS watches for the “Phony house church” as a tax scam.”  

We are often intimidated by the unfamiliar.  In this article, we will explain the step by step process, of creating a non-profit corporation, organizing a church, filing with the state, and perhaps the IRS/Federal Government, [Did you note I said perhaps?  For there is no requirement you do anything with the IRS.].  Have your organizational meeting, and even how to open a church Bank account. All of this is part of the excellence, in good Church Administration.

Some churches are started by a man sent out from his local church, with a clean and clear relationship with the pastor and leaders of the sending church.  Other-times, one has a clear directive from the Lord Himself as to where, when, and why a church is to be planted.  But if the new church being started is without clean relationships with those he knew in ministry from his past, there is little likelihood of success.  God is interested in good relationships. He desires us to be in relationships of accountability with other ministry.  

1.    You need to get an Employer Identification Number, also referred to as an EIN.  It’s similar to your social security number, but it’s for a business, or in this case, for your church.  To acquire this number, you’ll need to file an SS4 form with the IRS. This can be found at the IRS website, which we provide here for your convenience. http://www.irs.gov/businesses/small/arti...  Look over the SS4 form and fill in the blanks.  You can mail it in - OR you can apply over the telephone.  call the toll-free Business and Specialty Tax Line, at 1-800-829-4933.  If you are outside the continental USA, (Alaska and Hawaii) call 215-516-6999.  They will walk you through the process of getting the EIN number.  You will receive correspondence from them shortly, assigning your church an EIN number.  Keep this letter, and make some copies, you’ll need it from time to time.  If you have started the church before forming the corporation, just notify the IRS, and they will assign the EIN to your new corporation.

2.    How about a name for the church?  You may have a name already picked out, and are perhaps even using it.  But as part of the process of filing with the Secretary of State, you will need to have this name approved.  They will do a check in the state records to see if that name is available.  That is to be sure no one else is using it already, or has a name very close to it.  If so, you cannot use that name, and you will have to choose another.  But don’t be alarmed, if your name “Church on the Rock,” is not available, try “Church on the Rock-San Diego,” or “Church on the Rock-Ministries,” etc.  Ask about filing a request listing several choices of preferred names, and they will let you know which name is available – and they reserve that name for you for about 30 days.

3.    Now you are ready to file the Articles of Incorporation (Usually three or four sets of Originals), with the Secretary of State, along with the required filing fees.  NOTE – Most states filing fees are less than $100.00.  If you mail the Articles of Incorporation to the office of the Secretary of State, you will likely wait awhile, sometimes up to three or four months, to get the “Time-Date Stamped” Copies back.  But if you drive to the Secretary of State’s office, and often they have satellite offices in nearby larger cities, you can “Walk the papers through,” and the waiting time frame is shortened to a week or 10 days.

4.    By-Laws - While waiting for the “Time-Date Stamped” Copies to be returned, you can be writing your church By-Laws. The aforementioned manual has some awesome Biblical By-Laws for your use.  By that I mean they are not Democratic in nature they are, by design, theocratic.  Please take the time to go to this Link and read what we have to say about By-Laws, as this is the most important step in the entire process.  If established correctly, the church can be led by God’s appointed Shepards, with provisions for accountability built into them. If not, it will likely be driven by the Sheep (or elected Deacons). Excellent By-Laws, will contain an extensive “Statement of Faith,” where we should address virtually everything that we may ever wish we could have at our disposal in a court of law, in a lawsuit.  We will be unabl