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Category Archives: Incorporation

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West Virginia’s Complicated Relationship with Church Incorporation

By Simms Showers LLP |

West Virginia’s current Constitution prohibits the State from allowing any church under its authority to incorporate, making it the last state not to allow church incorporation. Article VI, Section 47 of the West Virginia Constitution explicitly states: “No charter of incorporation shall be granted to any church or religious denomination.” [1] Surprisingly to some,… Read More »

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Incorporation of Churches: A New Day

By Simms Showers LLP |

While it is estimated that over 90% of all churches are now incorporated with all states now permitting it, most governing documents are not well drafted, woefully out of date or not followed. Thus, they do not adequately protect the church or its leadership or contain the 21st century risk management provisions that are… Read More »

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A House on Solid Rock or A House of Cards?

By Simms Showers LLP |

Why proper incorporation in Virginia is more than simply filing articles of incorporation with the state. When the United States District Court of the Western District of Virginia struck down the portion of the Virginia Constitution denying churches the ability to incorporate as unconstitutional in 2002[1], Virginia became the 49th state to permit church… Read More »

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