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Category Archives: Incorporation


Safeguarding Your Sanctuary – Asset Protection for Churches and Nonprofits

By Simms Showers LLP |

By H. Robert Showers, Esq. Introduction A church or nonprofit’s corporate structure is vital for both its long-term maintenance and day-to-day operations—but a single corporate structure no longer suffices to protect and provide all available advantages. The 21st century has seen an uptick in secular lawsuits that purposefully target churches and religious nonprofits. This,… Read More »

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West Virginia’s Complicated Relationship with Church Incorporation

By Simms Showers LLP |

By H. Robert Showers, Esq. and Justin R. Coleman, Esq. 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… 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are now incorporated with all states now permitting it, most governing documents are not well drafted, woefully out of date or not followed.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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