Congregation By Laws?

by tootired2care 15 Replies latest watchtower beliefs

  • tootired2care
    tootired2care

    Perhaps this was already discussed in another thread, if so I apologize in advance; but I was visiting some family several months back and we get into a conversation about their local congregation. One of my family members helps with some of the book keeping in that congregation. After a while he started talking about how the elders received some wierd letter from the society stating something to the effect that the congregation must put together or enforcing something for "corporate by laws" or "congregation by laws" - i'm not sure which. He didn't put forth any more detail about that but it struck me as a very odd thing. Perhaps it's in lieu of all the child abuse problems that is plagueing the corporation.

    Does anyone know anything more about this? What is it? Are all congregations doing something similair?

  • tootired2care
    tootired2care

    Bumped.

  • baltar447
    baltar447

    It's either to sieze control of the property of the congregations or shield liability to itself or both.

  • tootired2care
    tootired2care

    I agree it sounds to me like a liability thing, I believe they are planning to have all congregations incorporate to shield the mothership from being sued. Good luck paying for all the lawsuits yourselves local elders! May god be with you...but please keep sending WWW funds LOL.

  • rebel8
    rebel8

    A nonprofit organization wishing to incorporate itself in New York State must have by-laws.

    So the wts has by-laws undoubtedly. My guess is if they are asking the kingkongregations to make their own by-laws then they are working on getting them separately incorporated to distance themselves from the liability of lawsuits. Then they can blame the congregations for hiding sex abuse and Mother Borg's cash won't be as vulnerable. Just an hypothesis there.

  • Cagefighter
    Cagefighter

    I agree with baltar447.

    I would imagine they are trying to establish a protcol for handling certain situations to shield the individual congos from suit in the future. Probably requiring appointment of person to review any allegations of a "certain nature". If suit was ever brought against the WTBS in the future they could simply point to the congo and see if they followed the correct protocol if not they would make in the individuals liable.

    Imagine the CEO telling his managers to submit a written plan for logging and reporting sexual harassment complaints. That was the CEO and shareholders could point back to a rogue manager if he failed to follow the written plan making himself personally liable if it was not hanled properly.

    What else would you expect from a religion started by a lawyer?

    Also, the move could be to incorporate all congos as their own corps as well. The society could raise their hands and say, "hey we just sell 'em their books and host their conventions we don't get in the day to day operations".

  • tootired2care
    tootired2care

    I guess incorporating all of the local congregations is WWW money well spent , oh wait they'll just pass resolutions in all the congregations to put everyone on the hook for even more money. Where is the faith in jeehobah to provide refuge and protection? I'm so glad I don't have to participate in the JW circus anymore.

    http://www.youtube.com/watch?v=MeSSwKffj9o

  • blondie
    blondie

    Congregations that hold the territory the KH is built on have been following the laws for non-profit religious corporations in the US for some time.

    Exempt Organization - Bylaws

    Bylaws are an organization's internal operating rules. Federal tax law does not require specific language in the bylaws of most organizations. State law may require nonprofit corporations to have bylaws, however, and nonprofit organizations generally find it advisable to have internal operating rules.


    State Law Requirements for Bylaws

    For additional information on what the state may require with respect to bylaws, you may want to contact state officials .

    http://www.irs.gov/charities/nonprofits/article/0,,id=156357,00.html

  • Bobcat
    Bobcat

    Is it entitled "Articles of Association And Bylaws"? I have a copy of it that was photographed via blackberry from the information board.

    It is 3 pages long. Even to my non-legally trained eyes, it is without a doubt a legal document written by WT lawyers. In fact, I think it can be downloaded from the Society's web site if one has the authorization.

    It is a document meant to be adopted by the congregation that is the title holder. Or at least, that is what a current elder told me.

    In answer to the idea that it is meant for siezing the KH property, well, I haven't read the whole thing yet, but, from what I've read so far, I can see where it allows the Society to do just that. Now whether they intend to do that would be another story. But as far as I can tell (again, I'm not legally trained), it allows for just that.

    Here are some tidbits:

    Page 1, Article IV - PURPOSES (There are four listed. I just put the gist. Number 4 is verbatim.)

    1. To worship Jehovah, support rulership of Christ

    2. To gather for instruction, mutual encouragement, and be strengthened to do God's will.

    3. To learn the truths of the Bible and faiths and beliefs of JWs, all of which are based upon the Bible. [note: that's how it reads]

    4. To recognize the spiritual authority of the ecclesiastical Governing Body of JWs ("Governing Body") [again, that's how it reads except I abbreviated JWs]

    Page 2, Article VI - MEMBERS

    The members of the Congregation shall be individuals who are fully dedicated to Almighty God, Jehovah, baptized as one of Jehovah's Witnesses, are completely in harmony with the doctrines and organizational arrangements set forth by the Governing Body, and report ministerial activity to the Congregation. Anyone meeting these requirements who is at least 18 years of age shall be designated a member of the Congregation.

    Any member who moves from the Congregation or is no longer one of Jehovah's Witnesses shall be automatically removed from membership in the Congregation without the need of his resignation.

    Page 2, Article VIII - AMENDMENT

    These articles of Association and Bylaws may be amended or repealed, in whole or in part, by a majority vote of the members at any noticed and scheduled meeting of the Congregation. (I thought this was curious, but probably required.)

    Page 2, Article IX - PERSONAL LIABILITY

    No member of the Congregation shall be personally liable for any of the debts, liabilities, or obligations of the Congregation.

    Page 2, Article X - PROPERTY

    (a) The property of the Congregation is irrevocably dedicated to religious purposes, and no part of the net earnings or assets of the Congregation shall inure to the benefit of an elder, trustee, any member of the Congregation, or any private individual. No substantial part of the activities of the Congregation shall consist of the carrying on of propaganda or otherwise attempting to influence legislation, nor shall the Congregation participate in or intervene in (including the publishing or distributing of statements) any political campaign on behalf of or in opposition to any candidate for public office. (followed by references to US and IRS laws)

    Page 3

    (b) In the event a dispute ever arises over who is entitled to own or possess the property of the Congregation, if the Congregation cannot decide the dispute in a manner satisfactory to all of the members, the dispute will be decided by Christian Congregation of JWs in the United States, or by any other organization designated by the ecclesiastical Governing Body of JWs. The determination [of said organization] as described herein will be final and binding on all members, including those who may have disagreed or dissented.

    Page 3, Article XI - DISSOLUTION

    Upon dissolution of the Congregation, after paying or adequately providing for debts and obligations of the Congregation, the remaining assets shall be distributed to Watchtower Bible and Tract Society of New York, Inc., a corporation organized under Internal revenue Code Section 501(c)(3) for religious purposes. No assets will be deemed to be received by Watchtower ... until such acceptance is evidenced in writing. If Watchtower ... is not then in existence and exempt from federal income tax under section 501(c)(3) ... then said assets shall be distributed to any organization designated by the ecclesiastical Governing Body of JWs that is organized and operated for religious purposes and is an organization exempt from federal income tax under section 501(c)(3) ...

    Then there is a paragraph for dating when the cong. votes and accepts, and then signiture lines for the service committee.

    I think that hits all the parts that would be of interest.

    My two typing fingers need a rest.

    Take Care

  • blondie
    blondie

    Pretty much has always been the case for non-profits. If a local congregation (the one holding the territory the KH is built upon) goes off on its own as a local non-profit, the parent non-profit, the WTS, can dissolve the congregation and take over legally. Never at any time under the federal laws of the US, does either that congregation, the WTS, or an individual jw OWN the congregation. None of this is new, but I have found the many elders in those congregations (the non-profits) don't know enough to keep the corporation current, and the trustees valid (elders in that congegation, in good standing, hopefully not deceased). After the problems in California, I'm sure the WTS wants to make sure that the elders and the congregation members, know the requirements. First time I heard of the bylaws being posted in public. In this area they stopped announcing the accounts, until they were ended, the assignments to each book study group, and that month's auxiliary pioneers. California must have scared the WTS and are trying to get the elders and congregation members on track legall, posting the paperwork and having all in the congregation vote.

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