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firstjohn · Feb 1, 2011, 11:29 AM

I belong to a 501c3 church which has been operating for the past 35 years without any written membership. The leadership now wants to start requiring a membership card to be signed to, (1)protect the church and, (2)comply with the requirements of a 501c3 laws. Are these legitimate reasons to make this change?

ITstudent2006 · Feb 1, 2011, 01:05 PM

There are two major types of non-profit:
1. Board Schema
2. Member Schema

What does your "membership" give you? Does it give you special privelages to the church ie: events, property, assets etc..

Also, what state?

"Form 1023, Part VI, asks whether in conducting its exempt functions, an organization limits its programs to certain groups (ie: members). It also asks whether individuals related to key individuals are eligible to receive benefits from the organization. The purpose of these questions is to verify that an organization operates for public purposes and not for the private benefit of an organization's members or other private individuals or organizations."

This is taken from the rules & regulation handbook for non-profit appliance. If this church gives special privelages (as mentioned above) to it's members, I can see where having a signed card could help protect them and fall under the supervision/management provisions. If it doesn't fall under the state law then the church could have very well created their own by-law to include Signed member cards. Non-profit by-laws are just as set in stone as state laws on non-profit. If they require members to have a signed member card and it's stated in their by-laws then if you are a member you must comply.

AK lawyer · Feb 1, 2011, 03:19 PM

Originally Posted by firstjohn

I belong to a 501c3 church which has been operating for the past 35 years without any written membership. The leadership now wants to start requiring a membership card to be signed to, (1)protect the church and, (2)comply with the requirements of a 501c3 laws. Are these legitimate reasons to make this change?

No. The Internal Revenue Code and regulations do not require section 501 (c) (3) churches to have members. And I fail to see how requiring each member to have a card, signed (by a church official?), would somehow "protect" the church.

Fr_Chuck · Feb 1, 2011, 06:34 PM

Agree that a 501 (c) (3) churches are not required to have official membership cards or lists. Many are open. Some state laws may require regular scheduled meetings and other requirements

ITstudent2006 · Feb 1, 2011, 07:27 PM

Correct, according the 501(c)3 handbook I was given when I started our non-profit members aren't necessary and if they are used, lists/cards are not necessary.

However, I can see where this would protect the church (stated in my first post).

Also, if the Church creates a bylaw stating this new card requirement all "members" must comply.

ebaines · Feb 7, 2011, 08:29 AM

I must agree with Fr-Chuck and AK-lawyer. The question as asked by the OP was whether requiring a signed membership either "protects the church" or is required by law. I think the answer to both questions is no. It is certainly not required by law. As for protecting the church: I can agree that if the church has employees who are related to key individuals (such as the rector/pastor/priest or members of the vestry/elders) this should be disclosed to the leadership, but that's a different issue. Requiring all members - most of whom are not "key individuals" - to sign a membership card is not to protect the church, but rather has probably been enacted to ensure that they maintain accurate and current membership lists.

ITstudent2006 · Feb 7, 2011, 08:33 AM

Originally Posted by firstjohn

The leadership now wants to start requiring a membership card to be signed to

Incorrect. THat is not what the OP asked. THe OP states the Church wants to start this... it doesn't say they are being required to start this! The OP wants to know if these are legit reasons. THe church doesn't have to have legit reasons because it states there doing it because they want to, not because they have to.

ITstudent2006 · Feb 7, 2011, 08:34 AM

And I do think the membership cards would protect the church. You say it's no more than a member list but I say it's protection.

Say your Church gets robbed. Only a few members have access to that area, which members, who are they... BAM your member card list!

AK lawyer · Feb 7, 2011, 02:54 PM

Originally Posted by ITstudent2006

...
Say your Church gets robbed. Only a few members have access to that area, which members, who are they...BAM your member card list!

You mean burglary?

And do you mean key cards? A "membership card" would only identify a member who seeks admittance to a certain area. There would still have to be a gatekeeper who would have to keep a record of who (whether or not they had a card) entered that area. So it would be the record of who went where, not the card, which would protect the church's property.

ITstudent2006 · Feb 7, 2011, 08:09 PM

No, I do not mean a key card, I meant a membership card.

AK lawyer · Feb 7, 2011, 11:23 PM

Originally Posted by ITstudent2006

No, I do not mean a key card, I meant a membership card.

Well, in that case you are not making any sense at all. The fact that I have a card showing that I am a member of the church is absolutely no proof that I went to the area in question. And the fact that church members have cards does nothing to show that that any other person (whether or not that person had a card card) did not go.