Name Church Inc.
MODEL RULES
For a Church
INDEX
Name Church Inc.
MODEL RULES
PART 1 — PRELIMINARY
1.Name
2.Terms used
3.Objects of the Church
4.Financial Year
5.Powers
PART 2 —NOT FOR PROFIT BODY
6.Not-for-profit body
PART 3 — MEMBERS
7.Eligibility for membership
8.Applying for membership
9.Dealing with membership applications
10.Becoming a member
11.Membership
12.When membership ceases
13.Resignation
14.Membership fees
15.Register of members
PART 4 — DISCIPLINARY ACTION AND DISPUTES
16.Suspension or removal from membership
17.Consequences of suspension
18.Disputes
19.Determination of dispute by committee
PART 5 — COMMITTEE
20.Committee
21.Committee members
22.(Lead or) Senior Pastor
23.Chairperson
24.Secretary
25.Treasurer
26.How members become committee members
27.Nomination of committee members
28.Election of Committee
29.Term of office
30.Resignation and removal from office
31.When membership of committee ceases
32.Filling casual vacancies
33.Validity of acts
34.Payments to committee members
35.Committee meetings
36.Notice of committee meetings
37.Procedure and order of business
38.Use of technology to be present at committee meetings
39.Quorum for committee meetings
40.Voting at committee meetings
41.Minutes of committee meetings
42.Subcommittees
43.Delegation to subcommittees
PART 6 — GENERAL MEETINGS
44.Annual general meeting
45.Special general meetings
46.Notice of general meetings
47.Presiding member and quorum for general meetings
48.Adjournment of general meeting
49.Voting at general meeting
50.Determining whether resolution carried
51.Minutes of general meeting
PART 7 — FINANCIAL MATTERS
52.Control of funds
53.Financial statements and financial reports
PART 8 — GENERAL MATTERS
54.By-laws
55.Executing documents and common seal
56.Giving notices to members
57.Custody of books and securities
58.Record of office holders
59.Inspection of records
60.Publication by committee members prohibited
61.Distribution of surplus property on cancellation or winding up
62.Alteration of rules
63.Statement of Faith
PART 1 — PRELIMINARY
1.Name
The name of the Association is(“Name” Church Inc.)here after referred to asthe “Church”.
2.Terms used
In these rules, unless the contrary intention appears —
Actmeans the Associations Incorporation Act 2015;
Church means the incorporated association referred to in rule 1;
by laws means by-laws made by the Church under rule 54;
chairperson means the Committeemember holding office as the chairperson referred to in rule 23;
Commissioner means the person for the time being designated as theCommissioner under section 153 of the Act;
committee means the management committee of the Church referred to in rule 20;
committee meeting means a meeting of the committee referred to in rule 35;
committeemember means a member of the committee referred to in rule 21;
financial report, of a tier 2 association or a tier 3 association, referred to in rule 53;
financial statements means the financial statements referred to in rule 53;
financial year, of the Church, has the meaning given in rule 4;
general meeting, of the Church, means a meeting of the Church that all members are entitled to receive notice of and toattend;
member means a person who is amember of the Church referred to in rule 11;
register of members means the register of members referred to in rule 15;
revenue means income that arises in the course of the ordinary activities of an entity
rules mean these rules of the Church, as in force for the timebeing;
secretarymeans the committeemember holding office as thesecretaryreferred to in rule 21 and rule 24;
special general meeting means a general meeting of the Churchother than the annual general meeting;
special resolutionhas the meaning given by the Act, that is –
A resolution is a special resolution if it is passed by a majority of not less than three-fourths of the members of the Church who are entitled under the rules of the Church to vote and vote in person at a general meeting of which notice specifying the intention to propose the resolution as a special resolution was given in accordance with these rules.
At a meeting at which a resolution proposed as a special resolution is submitted, a declaration by the person presiding that the resolution has been passed as a special resolution shall be evidence of the fact unless, during the meeting at which the resolution is submitted, a poll is demanded in accordance with the rules of the Church or, if the rules do not make provision as to the manner in which a poll may be demanded, by at least 3 members of the Church present in person.
If a poll is held, a declaration by the person presiding as to the result of a poll is evidence of the matter so declared;
subcommittee means a subcommittee appointed by the committeeunder rule 42;
tier 1 association means an incorporated associationwith revenue of less than $250,000 per year;
tier 2 association means an incorporated association with revenue between $250,000 and $1,000,000 per year;
tier 3 association means an incorporated association with revenue of or exceeding $1,000,000 per year;
treasurermeans the committeemember holding office as thetreasurer referred to in rule 21 and rule 25.
3.Objects of the Church
The Objects of the Churchshall be to glorify God by;-
a)Promoting and providing opportunities for people to worship God together.
b)Proclaiming the good news of the salvation in the Lord Jesus Christ and encouraging people to believe in Him.
c)Providing Bible teaching and fellowship for Christians.
d)Maintaining and teaching Christian standards of living.
e)Enabling and encouraging Christians to use and develop their gifts for the service of the Lord Jesus Christ in the Church and in the community.
f)Promoting the spread of the Gospel in Australia and overseas
g)Such other activity consistent with the foregoing Objects
4.Financial Year
(1)The first financial year of the Church is to be the period, not exceeding 18 months, being a period commencing on the date of incorporation of the Church and ending on(select date).
(2)Each subsequent financial year of the Church is the period of 12 months commencing on (select date )and (select date)of the year.
Note The organisation may select a calendar year, fiscal year or some other period if approved by the ACNC
5.Powers
The powers conferred on the Church are the same as those conferred by the Act, so that subject to the Act and any additions, exclusions or modifications inserted below, the Church may do all things necessary or convenient for carrying out its objects and purposes, and in particular, may -
a)acquire, hold, deal with, and dispose of any real or personal property;
b)open and operate bank accounts;
c)invest its money in any security in which trust monies may lawfully be invested;
d)borrow money upon such terms and conditions as the Church thinks fit;
e)give such security for the discharge of liabilities incurred by the Church as the Church thinks fit;
f)appoint agents to transact any business of the Church on its behalf;
g)enter into any other contract it considers necessary or desirable; and
h)may act as trustee and accept and hold real and personal property upon trust, but does not have power to do any act or thing as a trustee that, if done otherwise than as a trustee, would contravene this Act or the rules of the Church
PART 2 —NOT FOR PROFIT BODY
6.Not-for-profit body
(1)The property and income of the Church must be applied solelytowards the promotion of the objects or purposes of the Churchand no part of that property or income may be paid or otherwisedistributed, directly or indirectly, to any member, except in good faithin the promotion of those objects or purposes.
(2)A payment may be made to a member out of the funds of theChurch only if it is authorised under subrule (3).
(3)A payment to a member out of the funds of the Church isauthorised if it is —
(a)the payment in good faith to the member as reasonableremuneration for any services provided to the Church, orfor goods supplied to the Church, in the ordinary courseof business; or
(b)the payment of interest, on money borrowed by theChurch from the member, at a rate not greater than the secured lending rate of the financial institution with which the Church conducts its financial affairs.
(c)the payment of reasonable rent to the member for premisesleased by the member to the Church; or
(d)the reimbursement of reasonable expenses properly incurredby the member on behalf of the Church.
PART 3 — MEMBERS
7.Eligibility for membership
(1)A person, who is born again of the Holy Spirit, baptised by immersion as believers in the name of the Lord Jesus Christ, and who gives evidence of their faith in daily life, is eligible to apply to become a member. However a person who for reasons of physical incapacity cannot be baptised but is committed to the principle of believers baptism, is willing to be baptised, and otherwise qualifies, shall also be eligible to apply to become a member.
Note: Modify as appropriate for your church doctrinal position and practice
(2)Each applicant for membership is required to express agreementwith the Statement of Faith,support the Objects of the Church and abide by these Rules.
(3)The Church must always have at least 6 members with full voting rights.
8.Applying for membership
(1)A person who wants to become a member must apply in writing to the Church.
(2)The application must include a member’s nomination of the applicant for membership.
(3)The Application must be signed by the applicant and the member nominating the applicant.
9.Dealing with membership applications
(1)The committee must consider each application for membership of theChurch and decide whether to accept or reject the application.
(2)The committee may delay its consideration of an application if thecommittee considers that any matter relating to the application needsto be clarified by the applicant or that the applicant needs to provide further information in support of the application.
(3)The committee must notify the applicant of the committee’s decisionto accept or reject the application as soon as practicable after makingthe decision.
(4)If the committeerejects the application, the committee is not requiredto give the applicant its reasons for doing so.
10.Becoming a member
An applicant for membership of the Church becomes a memberwhen —
(a)the committee accepts the application; and
(b)theChurch must give each person who becomes a member of the Churcha copy of the rules in force at the time their membership commences. This may be by electronic transmission or providing the details of the website where the rules may be downloaded.
11.Membership
(1)The Churchmembers all have full voting rights and any other rights conferred on them by these rules or approved by resolution at a general meeting or determined by the committee.
(2)Each member has one vote at a general meeting of the Church.
(3)Members are expected to support the ministry, and maintain the fellowship of the Church, especially by :-
(a)Prayer.
(b)Attendance at the Services and the Lord's Supper.
(c)Engaging in service for Christ through the Church.
(d)Sharing in the governance and life of the Church by attendance at Members Meetings.
(e)Conscientious giving as God's provision enables
12.When membership ceases
(1) A person ceases to be a member when any of the following takesplace —
(a)the individual dies;
(b)the person resigns from the Church under rule 13;
(c)the person is removed from membership of the Church under rule 16;
(2)The secretary must keep a record, for at least one year after a person ceases to be a member, of —
(a)the date on which the person ceased to be a member; and
(b)the reason why the person ceased to be a member.
13.Resignation
(1)A member may resign from membership of the Church by givingwritten notice of the resignation to the secretary.
(2) The resignation takes effect —
(a) when the secretary receives the notice and brings it to the committee; or
(b) if a later time is stated in the notice, at that later time.
14.Membership fees
The committeehas determined that no membership fees will be payable.
15.Register of members
(1)The secretary, or another person authorised by the committee, is responsible to maintain the register of members and recordin that register any change in the membership of the Church.
(2)Theregister of members must includeeach member’s name, and a residential, postal or emailaddress, andthe date on whicheach member becomes a member. When a member ceases to be a member this date must also be recorded.
(3)The register of members must be kept at the secretary’s place ofresidence, or at another place determined by the committee.
(4)A member who wishes to inspect the register of members mustcontact the secretary to make the necessary arrangements at a time mutually convenient.
(5)If —
(a)a member inspecting the register of members wishes to makea copy of, or take an extract from, the register; or
(b)a member makes a written request under section 56(1) of theAct to be provided with a copy of the register of members,
thecommittee may require the member to provide a statutorydeclaration setting out the purpose for which the copy or extract isrequired and declaring that the purpose is connected with the affairsof the Church.
PART 4 — DISCIPLINARY ACTION AND DISPUTES
16.Suspension or removal from membership
(1)The committee may decide to suspend a member’s membership or remove a member’s membership of the Church if —
(a)the member contravenes any of these rules; or
(b)the member acts detrimentally to the interests of theChurch; or
(c)The member fails to attend the regular worship services for a period of 3 months; or
(d)The member by his or her conduct or lifestyle fails to reflect values consistent with their profession of faith
(2)The secretary must give the member written notice of the proposedsuspension or removal at least 28 days before the committee meetingat which the proposal is to be considered by the committee.
(3)The notice given to the member must state —
(a)when and where the committee meeting is to be held; and
(b)the grounds on which the proposed suspension or removal isbased; and
(c)that the member is encouraged to attendthe meeting and will be given a reasonable opportunity tomake written or oral (or both written and oral) submissions tothe committee about the proposed suspension or removal;
(4) At the committee meeting, the committee must —
(a)give the member areasonable opportunity to make written or oral (or bothwritten and oral) submissions to the committee about theproposed suspension or removal; and
(b)give due consideration to any submissions so made; and
(c)decide —
(i)whether or not to suspend the member’s membershipand, if the decision is to suspend the membership, theperiod of suspension; or
(ii)whether or not to remove the member from the membership roll of theChurch.
(5)A decision of the committee to suspend the member’s membership orto remove the member from the membership roll of theChurch takes immediate effect.
(6)The committee must give the member written notice of thecommittee’s decision, and the reasons for the decision, within 7 daysafter the committee meeting at which the decision is made.
(7)A member whose membership is suspended or who is removed fromthe Church membership roll may, within 14 days after receiving notice of theCommittee’s decision under subrule (6), give written notice to thesecretary requesting the matter be referred to the Baptist Churches of WA for re-consideration.
Note denomination name where appropriate otherwise delete whole clause
(8)In any matter being considered under this rule, the privacy of the individual(s), the good name of the Church, and the ministry of the Church, as followers of Jesus Christ, shall be given appropriate consideration.
17.Consequences of suspension
(1)During the period a member’s membership is suspended, thememberloses any rights (including voting rights) arising as a result ofmembership.
(2)When a member’s membership is suspended, the secretary mustrecord in the register of members —
(a)that the member’s membership is suspended; and
(b)the date on which the suspension takes effect; and
(c)the period of the suspension.
(3)When the period of the suspension ends, the secretary must record in the register of members that the member’s membership is no longersuspended.
18.Disputes
(1)Disputes may arise under these rules —
(a)between members (or former members); or
(b)between one or more members and the Church
(2)The parties to a dispute must meet and discuss the matter in dispute and attempt to resolve the dispute between themselves within 14 days after the dispute has come to the attention of each party
(3)If the parties are unable to resolve the dispute any party may take a witness in an attempt to resolve the dispute
(4)If the parties are still unable to resolve the dispute between themselves, any party to the dispute may take the matter to the Committee (as the representatives of the Church) by giving written notice to the secretary of —
(a) the parties to the dispute; and
(b)the matters that are the subject of the dispute.
(5)Within 28 days after the secretary is given the notice, a committee meeting must be convened to consider and determine the dispute.
(6)The secretary must give each party to the dispute written notice of the committee meeting at which the dispute is to be considered and determined at least 7 days before the meeting is held.
(7)The notice given to each party to the dispute must state —
(a)when and where the committee meeting is to be held; and
(b)that the partyis encouraged to attend the meeting and will be given a reasonable opportunity to make written or oral (or both) submissions to the committee about the dispute.
(8)If —
(a)the dispute is between one or more members and the Church; and
(b)any party to the dispute gives written notice to the secretary stating that the party does not agree to the dispute being determined by the committee;
theCommittee must not determine the dispute and should refer the matter to the Baptist Churches of WA for consideration in accordance with their Complaints Process Policy
Note denomination name where appropriate otherwise alternative of your choice.
19.Determination of dispute by committee
(1)At the committee meeting at which a dispute is to be considered and determined, the committee must, subject to rule 18(7)—
(a)give each party to the dispute a reasonable opportunity to make written or oral (or both) submissions to the committee about the dispute; and
(b)give due consideration to any submissions so made; and
(c)determine the dispute.
(2)The committee must give each party to the dispute written notice of the committee’s determination, and the reasons for the determination, within 7 days after the committee meeting at which the determination is made.
(3)A party to the dispute may, within 14 days after receiving notice of the committee’s determination under sub rule (1)(c), give written notice to the secretary requesting the matter be referred to the Baptist Union Appeals Board for a decision. Such a decision will be binding on the parties to the dispute.