Fund Dissolution

Dissolution, Fund

From the book The Clergyman’s Hand-book of Law, about Dissolution, Fund (1): The corporation of a congregation can not by seceding and a majority vote dissolve the corporation where it is a part of a superior body.148 But the courts have plenary powers over corporations under the United States jurisdiction, such as territories, and may dissolve a corporation.149 The fact that the dissolution is contrary to, or authorized by church discipline, makes no difference as to granting the dissolution, as such discipline can not supersede the state law.150 On dissolution of a religious corporation, the surplus fund derived from a legacy should be disposed of in the manner the court believes to be most in harmony with the will of the contributors to the fund, could they have foreseen the event.151

Resources

Notes and References

1. Charles M. Scanlan, The Clergyman’s Hand-book of Law. The Law of Church and Grave (1909), Benziger Brothers, New York, Cincinnati, Chicago

See Also

• Religion
• Church