RESOLUTION FOR TRANSACTIONS INVOLVING REAL PROPERTY

This resolution for authorization to enter into a lease, purchase, sale, partition, quit claim or donation (or acceptance) of real property should be formulated or reviewed by an attorney to insure that all of the necessary requirements are met, (property description, clear title, etc.) and submitted to the Vicar General’s officebeforethe signatures of the pastor and trustees are obtained.

  • To alleviate delays, please submit a draft of the resolution by email or fax two weeks before neededto the vicar general.
  • Once the vicar general approves the draft, he will direct that the resolution be signed by the pastor and trustees.
  • After the resolution is signed at the local level, it is to be forwarded to the vicar general who approved the draft; he will prepare it for the Bishop’s signature and his own. It will then be returned to the pastor or principal and a copy placed in the archives.

Note that co-owned or separately incorporated schools, i.e. not parochial, may have a different corporate structure. Please call the vicar general for guidance if you are not sure about the corporate structure.

RESOLUTION

Excerpt of the minutes of the meeting of the Board of Directors of insert legal name of Church corporation as appears on the corporate charter Church, of insert name of Louisiana parishParish, held atname of City or town, Louisiana, on the ______day of ______, 20__ (year).

A special meeting of the Board of Directors of the insert legal title of Church corporation was held at insert name of city or town, in civil Parish, Louisiana, at _____ (o’clock) a.m./p.m., on the ______day of ______, 20__. Present were: the Reverend insert name of pastor or administrator, Secretary-Treasurer, insert name of trustee, Trustee and insert name of the other trustee, Trustee. Absent were: The Most Reverend J. Douglas Deshotel, Bishop of Lafayette and President and the Very Reverend Monsignor W. Curtis Mallet, Vicar General and Vice-President. A quorum was present.

The following resolutions were introduced, duly seconded and adopted:

WHEREAS … (in narrative form)

If the project is for a school that is not incorporated separately but is owned by a church parish, then include as the first item: ______School is owned by ______Church. (then proceed below)

1.A brief description of the purchase, lease, sale, partition, quit claim or donation (or acceptance) of real property that includes the legal description of the property and the names of the other party(ies) to the purchase, sale, donation or lease etc., and the amount of money involved. If an appraisal was obtained, it should be referenced here.

2.A clear description of the manner in which the project will serve the needs of the parish/school or be advantageous to the parish/school as discussed by the pastoral (school) advisory board and finance council;(copies of minutes of pastoral (school) advisory and finance council meetings are not attached to the resolution but should have been provided in the letter requesting permission from the Bishop).

3.The Corporation desires to enter into a purchase, lease,sale, partition, quit claim or donation (or acceptance) of real property etc. of the above described property for $______amountof money being paid (purchase) or being received (sale or lease) or value (if a donation).

4.If this resolution empowers a purchase, then a plan outlining the manner in which the purchase will be paid, including the amount and source of funding (i.e. capital campaign funds),and if a loan is required the amount to be borrowed and how the debt amortized. (*A separate resolution is required for authority for a loan. See sample on the website.)

BE IT RESOLVED by the Board of Directors oflegal name of Church corporation),that the Reverend(name of pastor, or administrator),Secretary-Treasurerbe and he is hereby authorized and empowered topurchase, sell, lease,donate, or receive the donation of…, etc. withname the other party(ies) involved in the transactionin the amount of $______(in the case of the reception of a donation this wording should be changed to indicate the consideration involved, e.g. “in consideration of his/her generosity to St. X. Parish.”)

The said contract to be for such considerations, amounts, terms, and conditions as the Reverend (name pastor, or administrator),Secretary-Treasurer, in his sole discretion deems most advantageous to the corporation and within the scope of his authority.

BE IT FURTHER RESOLVED by the Board of said Corporation that the Reverend (name of pastor or administrator), Secretary-Treasurer, (or if a school and the principal is signing the contract) ______, Principal of ______School),be and he(she) is hereby authorized to appear before a Notary Public and to sign instruments for and on behalf of the Corporation to do any and all things necessary for the purpose of carrying out this resolution.

There being no further business to come before the Board, on motion duly made and seconded, the meeting was adjourned. (Signature spaces below are to be adapted for co-owned schools according to the charter for the corporation. Call the vicar general’s office if this information is not known to you.)

APPROVED:

______

+Most Reverend J. Douglas DeshotelPastor’s name typed

President/BishopSecretary-Treasurer /Pastor

______

Very Rev. Msgr. W. Curtis MalletTrustee’s name typed

Vice-President

______

Trustee’s name typed

Church Seal