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GCFA Legal Manual - 2005-2008 Edition

Below is a summary of content included in the following sections:

Local Church   (Sections 1 & 2)

Local Church, Section 1
Topics included in Section 1:
  • The Charge Conference
  • Trust Duties and Local Church Trustees
  • Fiduciary Duty of Trustees
  • Trustee Receipt and Investment of Funds
  • Local Church Property
  • Insurance
  • Board of Trustees, Membership, Election, Officers
  • Annual Report and Record Keeping
  • Property Under Two-And Multi-Point Charges and Shared Facilities
  • Mergers
  • Incorporation of a Local Church
  • Building Committees and Programs
  • Transportation Safety
  • Federal Bus Regulations
  • Van Safety Concerns
Local Church, Section 2
Topics included in Section 2:
  • Incorporation of the Local Church - Charge Conference Resolutions
  • Incorporation of the Local Church - Board of Trustees Resolution
  • Articles of Incorporation
  • Original Appointment of Agent
  • Bylaws
  • Why Some Churches Consider Separate Incorporation of Their Center
  • Sample Articles of Incorporation
  • Sample Bylaws ABC Children's Center
     
Personnel   (Sections 1 & 2)

Personnel - Section 1
Topics included in Section 1:
  • Background
  • Advantages and Disadvantages of Personnel Policies
  • Common Personal Policies
  • Personnel Records
    1. Access to Personnel Records and Confidentiality
    2. Record Retention
    3. Subpoena of Personnel Records
  • Federal Laws Coverage
  • Posting Requirements
  • Avoiding Problems in Hiring and Firing Employees
    1. Interviewing Lay Persons
    2. Ministerial Positions
    3. Background Checks in General
    4. Background Checks for Ministerial Positions
    5. Other Checks and Balances for Lay and Clergy Applicants and Staff
    6. Job Descriptions and Performance Management
    7. Termination of Lay Staff
  • Employee or Independent Contractor
  • Sample Policies
Personnel - Section 2
Topics included in Section 2:
  • Immigration
  • Notice and Authorization
  • Disclosure Statement
  • Personnel Record Guidelines
  • Supervisory File Guidelines
  • Sexual Harassment/Misconduct Investigations Guidelines
  • Employee Hire Checklist
  • Employee Termination Checklist
     
Property and Estate Planning   (Sections 1- 4)

Property and Estate Planning - Section 1
Topics included in Section 1:
  • Property - The Trust Clause
    1. New Provision
    2. Absence of an Express Trust Clause
  • Acquisition and Sale of Property by Local Churches
    1. Purchase of Real Property
    2. Sale, Transfer, Lease, and Mortgage of Real Property
  • Property Concerns, Oversight and Reports
  • District Property and District Board of Church Location and Building
  • Annual Conference Property and Annual Conference Board of Trustees
  • Discontinuation and Abandonment
  • Church Property Legal Issues
  • Leasing of Church Property
  • Historic Landmarking of Church Property
  • Conveyances of Property
    1. Contracts for Sale of Real Property
    2. Deeds
    3. Adverse Possession
    4. Recording
    5. Ensuring Good Title
    6. Mortgages
  • Mechanic's Liens
  • Surveys
  • Property Taxes
    1. Taxes vs. Assessments
    2. Local Taxing Requirements
    3. Keep Your Exemption
  • Trusts
  • Trustee Duties and Charitable Trusts
  • Wills
    1. Abatement and Ademption
    2. Probate
  • Personal and Real Property - Gifts
    1. Charitable Donations and Deductions
    2. Gift Restrictions and Encumbrances
  • Stewardship and Planned Giving
  • United Methodist Foundations
  • Contracts
    1. Introduction
    2. Definition of a Contract
    3. Function of a Contract
    4. Types of Contracts
    5. Terms to Include in Contracts
    6. Contract Authority and Authorization
    7. Amending an Existing Contract
    8. Dispute Issues
    9. Important Tax for Independent Contractors Information
Property and Estate Planning - Section 2
Topics included in Section 2:
  • Copyright
    1. Copyright - General
    2. Religious Services Exemption
    3. Audio and Videotapes of Religious Services
    4. Video Viewing
    5. Internet and Web Pages
    6. Computer Software
    7. Uploading and Downloading from the Internet
  • Application and Use of "United Methodist" Name
  • The Cross and Flame Insignia
    1. Need to Maintain Integrity of Trademark
    2. Commercial Use
Property and Estate Planning - Section 3:
Topics included in Section 3:
  • The Trust Clause: Who Owns Our Church?!?
  • Local Church Property Sale, Transfer, Lease and Mortgage Checklist
  • Local Church Purchase of Real Property Checklist
  • Annual Conference Trustees and Property
  • Checklist: Discontinuation Or Abandonment Of Local Church Property
  • Sample Letter to a Local Church - (For a Voluntary Church Closing)
  • Sample: Property Matter - Resolution for Discontinuance
  • Ten Steps For Being a Successful Church Landlord
  • Sample: Short Version Environmental Gift Language
  • Sample: Real Estate Contract Provision For Environmental Protections for Church Buyer (or Donee)
Property and Estate Planning - Section 4
Topics included in Section 4:
  • Statement of Investment Guidelines
  • Appendix A - Sample, Statement of Investment Policy, Objectives, and Guidelines

Insurance and Risk Management   (Sections 1 & 2)
Insurance and Risk Management - Section 1
Topics included in Section 1:
  • Insurance and Risk Management
  • Introduction
  • Conflict
  • Crisis Communications Planning
  • Loss Prevention
  • Insurance
    1. Background
    2. The Need for Church Insurance
    3. Sources of Church Insurance
    4. Insurance Coverages
  • Bonding and Auditing Requirements
  • Fidelity Bonds - Local Church
  • When A Lawsuit is Filed--And Until It's Over
Insurance and Risk Management - Section 2: 
Topics included in Section 2:
  • Tips for Preventing and Catching Misuse of Church Funds
  • Local Church Self-Inspection Checklist
  • Parsonage Self-Inspection Checklist
  • Incident Investigation Report
  • Follow-Up and Audit Checklist
  • Arson Prevention Checklist
  • Church Contents Inventory
  • Important - For Your Records

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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