How to Legally Dissolve a Religious Organization

by EasyPrompt 23 Replies latest watchtower scandals

  • EasyPrompt
    EasyPrompt

    https://english.kyodonews.net/news/2023/10/e6d71c5c0b1e-japan-govt-aims-to-seek-unification-churchs-dissolution-on-oct-13.html


    "So far, only two religious organizations have received a dissolution order from a Japanese court because of legal violations...


    ...The agency has invoked its authority to question and obtain documents from the group seven times since last November, while also collecting statements from victims pressured into making massive donations.


    Examination of this information led the agency to conclude that the group's practices meet the requirements for a dissolution order under the Religious Corporations Act.


    The law allows Japanese courts to order the dissolution of a religious group that has committed an act "clearly found to harm public welfare substantially.""

  • Diogenesister
    Diogenesister
    Or violation of the public interest

    Could this be used against the Watchtower? For a few reasons I could think of...?? Particularly the risk to children, the elderly and vulnerable??

  • EasyPrompt
    EasyPrompt

    Violation of public interest for harming members of the community, fraudulent misrepresentation as regards use of donated funds (like AM3 house and CSA legal shenanigans to protect abusers), violation and forfeiture of charter (changing "new light" instead of supposedly founded on "disseminating Bible truths" show that the first so-called "Bible truths" sold in the WTBT$ books like pyramid teaching were actually not truths after all)...WTBT$ has checked many of the boxes permitting the attorney general to judicially dissolve the WTBT$ corporations.


    https://www.jehovahs-witness.com/topic/5165274479722496/wtbt-breach-charter


    "New York Consolidated Laws, Not-For-Profit Corporation Law - NPC § 1101. Attorney-general's action for judicial dissolution


    (a) The attorney-general may bring an action for the dissolution of a corporation upon one or more of the following grounds:

    (1) That the corporation procured its formation through fraudulent misrepresentation or concealment of a material fact.

    (2) That the corporation has exceeded the authority conferred upon it by law, or has violated any provision of law whereby it has forfeited its charter, or carried on, conducted or transacted its business in a persistently fraudulent or illegal manner, or by the abuse of its powers contrary to public policy of the state has become liable to be dissolved."


    https://codes.findlaw.com/ny/notforprofit-corporation-law/npc-sect-1101.html


    "A court can order the dissolution of a corporation when, to use the story your friend discussed with you, the attorney general of the state files a petition seeking to dissolve it. There are different grounds upon which an attorney general can seek to dissolve a corporation.


    These bases all arise out of the state statutes that govern corporations. For instance, a corporation cannot be created via filing fraudulent documents. Although it might take a lot of time to figure out that fraud was involved, it does not prevent an attorney general from seeking to dissolve the corporation on these grounds. Another example of when an attorney general can seek to dissolve a corporation is when it violates laws that affect the corporation, such as when there exists some abuse of its authority under the state statutes that affect it."


    https://www.theintelligencer.com/commentary/article/A-look-at-judicial-dissolution-of-a-corporation-11949617.php


    "Can You Stop an Involuntary Dissolution?

    The only way to stop the involuntary dissolution of a company is to fix the problems that led to it in the first place. The two reasons it happens is by order of the Secretary of State due to improper maintenance, known as “quo warranto,” and by court order due to fraud or insolvency."


    https://www.upcounsel.com/involuntary-dissolution#:~:text=The%20only%20way%20to%20stop,due%20to%20fraud%20or%20insolvency.


    "The Skinny on Arbitrability of Judicial Dissolution Claims


    Are claims for judicial dissolution of business entities arbitrable?

    It’s a question I’m occasionally asked by business owners and, surprisingly, by lawyers. I say surprisingly because here in New York, the courts long ago settled the question in favor of arbitrability. But there are some nuances when it comes to judicial dissolution and arbitration, and the arbitrability of dissolution claims is not a given in all states.

    What follows is a very basic explanation of the rules and some issues surrounding arbitration of judicial dissolution claims. Bear in mind, however, that the governing rules, whether statutory or judge-made, can vary significantly from state to state, so whether you’re a business owner or a lawyer representing one, be sure to consult the rules in your jurisdiction.

    How Do Business Entities Get Dissolved?

    It may not be obvious why I pose this question first. Let me explain.

    Corporations, limited liability companies, and limited partnerships — I’m purposely omitting general partnerships — are state-enabled creatures that draw their first breath only upon meeting statutory filing requirements with the Secretary of State. They likewise draw their last breath upon filing the statutorily specified documentation requiring the Secretary of State to dissolve the entity.

    Business entity dissolution is governed by statute and comes in two flavors: voluntary (i.e., non-judicial) and involuntary (i.e., judicial). In the case of voluntary dissolution, the statutorily required filing consists of an authorized certificate of dissolution. Involuntary dissolution requires the filing of a court order directing the Secretary of State to dissolve the entity."


    https://www.nybusinessdivorce.com/2022/01/articles/arbitration-and-mediation/the-skinny-on-arbitrability-of-judicial-dissolution-claims/


    Here is the contact information for the New York Attorney General...


    https://ag.ny.gov/contact-attorney-general-letitia-james


    (The Attorney General can dissolve a non-profit corporation that is harming public welfare or going beyond the authority vested by the state or in breach of charter or fraudulently using donated funds in a way not transparent to the donors.)







  • EasyPrompt

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