Incorporated Churches

When insuring a transaction involving the conveyance or encumbrance of church-owned property by an incorporated church, it is necessary to obtain evidence of corporate existence (i.e., certificate of incorporation) from the state of incorporation and to obtain and review a certified copy of the articles of incorporation and bylaws. If the appropriate powers to convey and/or encumber church property by the appropriate officials are not set forth within the articles of incorporation or bylaws, it will be necessary to require a specific corporate resolution authorizing the conveyance or encumbrance, along with the designation of the church officials empowered to execute the requisite transfer/loan instruments and, if necessary, a clerk’s certificate identifying the officials so named.