A. Purpose, Titling and Definitions
1. Purpose
This policy is applicable to Capital Assets being disposed of by
Congregations, Associations and Mission Centers.
2. Titling of Property
Land and improved property used by Congregations, Associations and
Mission Centers are titled in the name of the Presiding Bishop as
Trustee-in-Trust or, in not-for-profit corporations organized by the
Presiding Bishopric, such properties are held in trust for the use and
benefit of Congregations, Associations and Mission Centers.
3. Definitions
a) "Capital Asset" means all real estate and improvements used
for religious and investment purposes.
Capital Assets do not include pews, furniture, organs, appliances or
other equipment not permanently attached to the building. Stained
glass windows are considered to be Capital Assets.
b) "Net Proceeds" from the sale of Capital Assets are those proceeds
that remain after payment of closing costs and all other obligations
directly related to that property.
B. Approval Procedures
Net Proceeds from the sale of Capital Assets can be used for program
and/or capital projects which support the vision, mission and goals of
the World Church, Mission Center and the Congregation.
1. Congregations and Mission Centers that are continuing to operate
a) Congregations: When a congregation disposes of a Capital Asset
the congregational officers, in consultation with the mission center
officers, will submit a resolution for the use of the Net Proceeds
to a congregational conference.
b) Mission Centers: When a mission center disposes of a Capital
Asset, the mission center officers, in consultation with the Apostle
and mission center council, will submit a resolution for the use of
the Net Proceeds to a mission center conference.
2. Congregations, Associations and Mission Centers that are
closing
a) Congregations: Before a congregation closes and disposes of a
Capital Asset, the congregation may make a recommendation to mission
center officers for the use of Net Proceeds from the sale. The
mission center officers, in consultation with the Apostle and
mission center council, submit a resolution for the use of the Net
Proceeds to a mission center conference.
b) Associations: Before an association closes and disposes of any
Capital Asset, the association may make a recommendation to mission
center officers for the use of Net Proceeds from the sale. The
mission center officers, in consultation with the Apostle and
mission center council, will submit a resolution for the use of the
Net Proceeds to a mission center conference.
c) Mission Centers: Before a mission center closes and disposes of a
Capital Asset, the mission center conference may recommend to the
Apostle and the Presiding Bishopric how the Net Proceeds should be
used. Approval is by the Presiding Bishopric in consultation with
the Apostle.
3. Congregations or Mission Centers that are merging
a) Congregations: When two or more congregations merge and
dispose of a Capital Asset, the congregational officers of the newly
merged congregation, in consultation with the mission center
officers, will submit a resolution for the use of Net Proceeds to a
conference of the newly merged congregation.
b) Mission Centers: When two or more mission centers merge and
dispose of a Capital Asset, the mission center officers of the newly
merged mission center, in consultation with the Apostle and mission
center council, will submit a resolution for the use of the Net
Proceeds to a conference of the newly merged mission center.
4. Capital Assets owned jointly by two or more Mission Centers
a) When two or more mission centers desire to dispose of a
jointly owned Capital Asset, the mission center officers, in
consultation with the Apostle and mission center councils will
submit a resolution for the use of Net Proceeds to their respective
mission center conferences. Distribution of the Net Proceeds must be
approved by each mission center conference. If the mission centers
can not agree on the distribution of Net Proceeds, approval is by
the Presiding Bishopric in consultation with the Apostle.
Any questions about interpretation of this policy should be directed
to the Legal office or Presiding Bishopric.
Presiding Bishopric
Approved 10/2003
Revised 2/2006 |