[WSBARP] Need Corporate resolution - sale of church property by congregational governed church

[Josh Grant]

I have the same situation.  I think they are wanting to structure this, rather than as a sale of the property but a payment to sever relationship (the local church has title but the title company says it is “subject to a resolution of approval by the mother church”) so I hope to get  or constructd a resolution that authorizes  “releasing the trust clause” and agreeing to “severance” rather than a sale.  The local church in my case is paying money, but I don’t think a deed will be needed.  I am a little concerned about excise tax, but with the local church being title holder, all they are doing is releasing a cloud on the title, and was thinking about doing a “affidavit to clear title – severance from mother church” with attached copy of a resolution and not have to pay the excise tax.  I would appreciate any forms for a resolution as well and ideas regarding the affidavit to clear title including any forms if anyone has done this before.

Joshua F. Grant, PS
Attorney at Law
P. O. Box 619
Wilbur, WA 99185
tel 509 647 5578
fax 509 647 2734


From: Rob Rowley 
Sent: Monday, May 01, 2017 11:45 AM
To: WSBA RPPT 
Subject: [WSBARP] Need Corporate resolution - sale of church property by congregational governed church

I am involved with a pending sale of real estate from one church to another church.  The selling church is congregational governed and I have tracked down copies of the articles of incorporation and bylaws for the title company as to authorized signatories and sale process.  The title company doesn’t have a model resolution for me to use as a template.



Would you please email me a copy of a template church corporate resolution?  The seller/congregational church will have a meeting where the proposed sale will be voted on by the entire body of members.  Corporate documents require super majority of 75% for sale of property.  I would be drafting the resolution.  I solely represent the purchasing church.



Thanks. 



Robert R. Rowley | Attorney at Law

7 S. Howard St, Suite 218

Spokane, WA  99201

Telephone: (509) 252-5074

Mobile: (509) 994-1143

Facsimile: (509) 928-3084

Email: rob at rowleylegal.com

Web Site: www.rowleylegal.com



Practice concentrated on business, real estate and general legal matters in Washington and Idaho.







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