God owns all of creation (Psalm 50:9-10); we are but stewards of it for a period of time. Property (real, personal, tangible, and intangible) deeded or titled in the name of the Global Methodist Church and its entities (including its local churches) is to be used for the glory of God and to carry out the mission of making disciples of Jesus Christ and to spread scriptural holiness across the land.
There is no trust clause for property held by local churches, annual conferences, regional conferences, connectional commissions, the Transitional Leadership Council, or any of their entities. Each local church, annual conference, regional conference, or connectional commission shall designate in its corporate records how its property shall be disposed of in the event of the entity’s dissolution.
1. After at least a 90-day period of discernment and prayer, a congregation of the Global Methodist Church may disaffiliate from the denomination by a majority vote of its church conference.
The words “Global Methodist Church” are not to be used as, or as a part of, a trade name or trademark or as a part of the name of any business firm or organization, except by local churches, conferences, corporations, or other business units created for the administration of work undertaken directly by the Global Methodist Church. The Transitional Leadership Council or its successor is charged with supervision and registration of “Global Methodist Church” and the denomination’s logo.
1. Conformity with local law. All provisions of this Transitional Book of Doctrines and Discipline relating to property, both real and personal, and relating to the formation and operation of any corporation, and relating to mergers are conditioned upon their being in conformity with local laws, and in the event of conflict with local law, local law shall prevail; provided, however, that this requirement shall not be construed to give the consent of the Global Methodist Church to deprivation of its property without due process of law or to the regulation of its affairs by state statute where such regulation violates any constitutional guarantees of freedom of religion and separation of church and state or violates the right of the church to maintain its connectional structure. Local laws shall be construed to mean the laws of the country, state, or other like political unit within the geographical bounds of which the church property is located.
2. Incorporation Requirements. Any corporation which is or has been formed or is affiliated with the Global Methodist Church, shall include in its articles of incorporation (or charter) and its bylaws the following:
a. Recognition that its corporate powers are subject to this Transitional Book of Doctrines and Discipline;
b. Recognition that the corporation’s powers cannot exceed those given by this Transitional Book of Doctrines and Discipline Language consistent with the taxation codes of the country in which the corporation operates to protect its tax-exempt status (if applicable); and
c. Designation of the recipient(s) of corporate property in the event the corporation is abandoned, discontinued, or ceases to exist as a legal entity.
The terms “trustee(s)” and “Board of Trustees” used in this Transitional Book of Doctrines and Discipline may be construed to be synonymous with “director(s)” and “Board of Directors” applied to corporations. If a local church chooses an alternative structure, it shall designate which body shall act as the Board of Directors.
To secure the right of property of entities within the Global Methodist Church, care shall be taken that all conveyances and deeds be drawn and executed in due conformity to the laws of the respective states, provinces, and countries in which the property is situated and also in conformity with these Transitional Book of Doctrines and Discipline. Deeds shall be registered or recorded directly upon their execution.
Because of the nature of the Global Methodist Church, no individual or affiliated church body or unit, nor any official thereof, may commence or participate in any suit or proceeding in the name of, or on behalf of, the Global Methodist Church, excepting, however, the following:
1. Transitional Leadership Council or Its Successor —The Transitional Leadership Council or its successor or any persons or church unit served with legal process in the name of the Global Methodist Church may appear for the purpose of presenting to the court the nonjural nature of the Global Methodist Church and to raise issues of lack of jurisdiction of the court, lack of capacity of such individual or unit to be served with process, and related constitutional issues in defense of denominational interests.
2. Protecting Denominational Interests – Any denominational unit authorized to hold title to property and to enforce trusts created by others for the benefit of the Global Methodist Church may bring suit in its own name to protect denominational interests.
No local church, district, annual conference, regional conference, connectional commission, or any other unit can financially obligate the Global Methodist Church or, without prior specific written consent, any other organizational unit thereof.
All persons holding trust funds, securities, or moneys of any kind belonging to a unit of the Global Methodist Church (not including a local church) shall be bonded by a reliable company in such good and sufficient sum as the Transitional Leadership Council or its designated agent or successor may direct. The accounts of such units shall be audited at least annually by a recognized public or certified public accountant. A report to a unit of the Global Methodist Church containing a financial statement that this Transitional Book of Doctrines and Discipline requires to be audited shall not be approved until the audit is made and the financial statement is shown to be correct. Other parts of the report may be approved pending such audit.
A regional or annual conference or conferences may establish a Global Methodist Church Foundation for its conference. The purposes for establishing such a foundation may include:
1. The promotion of planned giving programs on behalf of local churches, conferences, and other bodies within the Global Methodist Church;
2. Furnishing counsel and guidance to local churches with regard to promotion and management of permanent funds;
3. Receiving funds on deposit, investing said funds, and loaning funds for construction and renovation of local churches; and
4. Other responsibilities as requested by the annual conference.
All foundations shall have an independent governing board as determined by the incorporating documents approved by the annual conference. The governing board will establish all policies and procedures upon which the foundation will operate. Due care will be exercised to maintain prudent organizational separation from beneficiary organizations while striving to maintain missional purpose and connection.
Each unit within the Global Methodist Church shall be incorporated unless local law prevents it. Each incorporated unit shall have a Board of Directors as set forth within this Transitional Book of Doctrines and Discipline. The Boards of Directors (or equivalent bodies) of each unit within the Global Methodist Church shall have the following authority with respect to their properties:
1. Donations and bequests — The said corporation shall receive, collect, and hold in trust for the benefit of the recipient any and all donations, bequests, and devises of any kind of character, real or personal, tangible or intangible, that may be given, devised, bequeathed, or conveyed to the said board for any benevolent, charitable, or religious purpose, and shall administer the same and the income therefrom in accordance with the directions of the donor, trustor, settlor, or testator and in the interest of the church, society, institution, or agency contemplated by such donor, trustor, settlor, or testator, under the direction of the corporation. When the use to be made of any such donation, bequest, or devise is not otherwise designated, the same shall be used as directed by the corporation.
2. Holding property in trust – When so directed by the Board of Directors, the corporation may receive and hold in trust for and on behalf of the respective unit of the Global Methodist Church any real or personal property previously acquired to be used in carrying out their mission, ministry, and program. When such property is in the form of investable assets, the Board of Directors may consider placing the assets for investment in the care of a responsible investing firm subject to the laws of the jurisdiction in which the unit is located. A conscious effort shall be made to invest in a manner consistent with the Social Witness (Part Two) of this Doctrines and Discipline.
3. Power to convey assets – Unless otherwise restricted by this Transitional Book of Doctrines and Discipline, the Board of Directors shall have the power to invest, reinvest, buy, sell, lease, transfer, and convey any and all assets that it may hold in trust, subject always to the terms of the legacy, devise, or donation.
a. Before the Board of Directors (or equivalent body) of a local church conveys property, it must seek the approval of the charge conference. Approval requires a simple majority vote. Additionally, the appointed pastor must be fully aware and consulted on the conveyance.
b. In the case of a multi-point charge, the Board of Directors (or equivalent body) of the individual church conveying property must seek the approval of the individual charge conference. Approval requires a simple majority vote. Additionally, the appointed pastor must be fully aware and consulted on the conveyance.
c. Before the Board of Directors (or equivalent body) of a district, annual conference, or regional conference conveys property, it must seek the approval of the district, annual or regional conference. Additionally, in the case of a district conveying property, the presiding elder (district superintendent) must consent to the conveyance. In the event an annual conference conveying property, the bishop must consent to the conveyance. In the event of a regional conference conveying property, the regional college of bishops must consent to the conveyance by majority vote.
4. Authority to execute board decisions – Any contract, deed, lease, bill of sale, mortgage, or other necessary written instrument needed to implement any resolution authorizing proposed action regarding property or assets owned by the corporation may be executed by and on behalf of the Board of Directors by any two of its officers, who thereupon shall be duly authorized to carry out the direction of the corporation; and any written instrument so executed shall be binding and effective as to the action of the unit of the Global Methodist Church.
5. Protection of assets – The Board of Directors may intervene and take all necessary legal steps to safeguard and protect the interests and rights of the corporation anywhere and in all matters relating to property and rights to property whether arising by gift, devise, or otherwise, or where held in trust or established for the benefit of the individual unit of the Global Methodist Church or its membership.
6. Gifts acceptance policy – It shall be the duty of the pastor of a charge that receives any such gift, bequest, or devise to give prompt notice to the Board of Directors. The Board of Directors shall take such steps as are necessary and proper to conserve, protect, and administer the gift; provided, however, that the Board of Directors may decline to receive or administer any such gift, devise, or bequest for any reason satisfactory to the Board.
7. Insurance – The Board of Directors shall annually compare the existence and adequacy of the insurance coverages for the unit of the Global Methodist Church that it governs. The purpose of this review is to ensure that the church, its properties, and its personnel are properly protected against risks.
8. Disclosure of board actions – The Board of Directors shall annually inform its corporation with a faithful report of its doings, of all funds, monies, securities, and property held in trust by it, and of its receipts and disbursements during the year. The beneficiary of a fund held in trust by the Board shall also be entitled to a report at least annually on the condition of such fund and on the transactions affecting it.
9. Local church provision. – The following provisions pertain to the Boards of Directors (or their equivalent bodies) of local churches in the Global Methodist Church:
a. Local church usage (¶ 346.5a) – Subject to the direction of the charge conference, the Board of Directors (or its equivalent) shall have the supervision, oversight, and care of all real property owned by the local church and of all property and equipment acquired directly by the local church or by any society, board, class, commission, or similar organization connected to it, provided that the Board of Directors shall not permit the property to be used in a manner which is inconsistent with the Transitional Book of Doctrines and Discipline or violate the rights of any local church organization granted elsewhere in these Doctrines and Discipline. Further, the Board of Directors shall not prevent or interfere with the pastor in the use of any of the local church’s property for religious services or other proper meetings or purposes recognized by the law, usages, and customs of the Global Methodist Church, or permit the use of said property for religious or other meetings without the consent of the pastor or, in the pastor’s absence, the consent of the presiding elder (district superintendent). Additionally, the Board of Directors and pastor of the local church shall ensure that the pews in the Global Methodist Church shall always be free.
b. Usage by outside groups (¶ 346.5b) – Upon the consent of the pastor, the use of a local congregation’s facilities or properties by an outside organization may be granted by the Board of Directors after consideration of whether the purposes and programs of that organization are consistent with the mission and values of the congregation and the Global Methodist Church.
c. Parsonage. (¶ 346.5c) – Should the congregation possess a parsonage offered to the pastor for housing, the chair of the Board of Directors or his or her designee, accompanied by a member of the pastor parish relationship committee, shall make an annual review of the home to ensure that it is properly maintained. Parsonages shall be mutually respected as the property of the congregation and the home of the pastoral family.
d. Accessible buildings (¶ 346.5e) – The Board of Directors shall conduct an annual accessibility audit of their buildings, grounds, and facilities to discover and identify any physical, architectural, or communication barriers that exist that impede the full participation of people with disabilities and shall make plans and determine priorities for the elimination of all such barriers.
e. Annual Report (¶ 346.6) – The Board of Directors shall annually make a written report to the charge conference, in which shall be included the following:
i. The legal description and the reasonable valuation of each parcel of real estate owned by the church; local church; local church;
ii. The specific name of the grantee in each deed of conveyance of real estate to the
iii. An inventory and the reasonable valuation of all personal property owned by the
iv. The amount of income received from any income-producing property and a detailed list of expenditures in connection therewith;
v. The amount received during the year for building, rebuilding, remodeling, and improving real estate, and an itemized statement of expenditures;
vi. Outstanding capital debts and how contracted;
vii. A detailed statement of the insurance carried on each parcel of real estate, indicating whether restricted by co-insurance or other limiting conditions and whether adequate insurance is carried;
viii. The name of the custodian of all legal papers of the local church, and where they are kept;
ix. A detailed list of all trusts of which the local church is the beneficiary, specifying where and how the funds are invested
x. An evaluation of all church properties, including the chancel areas, to ensure accessibility to persons with disabilities; and when applicable, a plan and timeline for the development of accessible church properties.
f. Purchase, sale, lease, construction, and mortgage of property – Notwithstanding the powers granted in ¶912.3 above, prior to the purchase, sale, lease, or mortgage by a local church of any real estate, or the construction or renovation of a building, a resolution authorizing such action shall be passed by the charge conference, with the members thereof acting in their capacity as members of the corporate body, by a majority vote of those present and voting at any regular or special meeting called for that purpose, provided that not less than ten days’ notice of such meeting and the proposed action shall have been given from the pulpit and in the weekly bulletin, newsletter, or electronic notice of the local church or other means if required or permitted by local law, and provided further, that written consent to such action shall be given by the pastor. The resolution authorizing such proposed action shall direct and authorize the Board of Directors to take all necessary steps to carry out the action and to cause to be executed, as hereinafter provided, any necessary contract, deed, bill of sale, mortgage, or other written instrument. The Board of Directors at any regular or special meeting shall take such action and adopt such resolutions as may be necessary or required by the local laws. Any required contract, deed, lease, bill of sale, mortgage, or other written instrument necessary to carry out the action so authorized shall be executed in the name of the corporation by any two of its officers, and any written instrument so executed shall be binding and effective as the action of the corporation.
g. Restrictions on proceeds of mortgage or sale – No real property on which a church building or parsonage is located shall be mortgaged or sold to provide for the current budget or operating expense of a local church without the approval of sixty percent of the members and the full awareness of and consultation with the presiding elder (district superintendent).
h. Local church permanent endowment committees – Subject to the direction of the charge conference, the Board of Directors may establish a permanent endowment or local church foundation. The Board of Directors shall create a legal document guiding the direction of the permanent endowment and the charge conference shall designate or elect its leadership.
Two or more local churches, to more effectively fulfill their ministry, may merge and become a single church by pursuing the following procedure:
1. The merger must be proposed to the charge conference of each of the merging churches by a resolution stating the terms and conditions of the proposed merger.
2. The plan of the merger as proposed to the charge conference of each of the merging churches shall be approved by each of the charge conferences by at least a simple majority vote for the merger to be affected.
3. The pastor of each of the merging churches along with the presiding elder (district superintendent) must give their consent to the merger.