State of California rejects parish’s application for legal incorporation
September 09, 2013
A California court has upheld a decision by the state’s government to refuse to recognize the articles of incorporation of a California parish, because the documents stipulated that if the parish was dissolved its assets would go to the local bishop.
“The dissolution provision in the articles does not comply with the requirement of California law that in case of dissolution any remaining assets be distributed to the religious organization governed by the corporation sole,” explained Howard Friedman of the Religion Clause blog.
“The articles submitted called for assets on dissolution to go to the Roman Catholic Bishop of San Jose instead of to the Santee Catholic Mission Parish,” he added. “The Church had argued that the dissolution provisions in the articles were designed to assure that assets remain with the Catholic community if the parish is suppressed.”
- Appeals Court Upholds Rejection of Noncomplying Articles of Incorporation For Corporation Sole (Religion Clause)
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