4040–4070

D. Acquisition, Sale, Transfer or Mortgage of Property

4040. An incorporated local church shall acquire, purchase, sell, mortgage, transfer, or otherwise dispose of real property subject to the following authorization and conditions:

(1) A resolution authorizing the proposed action shall be recommended by the local board of administration (782:29) and passed by the local church conference (655:11) in corporate session, or such other corporate body as local laws may require and as set forth in the articles of incorporation and bylaws of the local church corporation, with the members thereof acting in their capacity as members of the corporate body, by a majority vote of those present and voting, at any regular or special session duly called for such purpose (630:1; 633:1), provided that notice of such intended action shall be given to the members of the local church through announcement from the pulpit in two regular services, the first of which shall be at least one week prior to the meeting at which the action shall be presented and through such other notice as may be required by local laws or by the bylaws of the local church corporation.

(2) The written approval of the district board of administration as stated in 1233:30 shall be necessary and shall be affixed to the written instrument involved.

(3) The resolution authorizing such proposed action shall direct and authorize the corporation’s board of directors (4010:7) to take all necessary steps to carry out the action so authorized, and to cause to be executed, as hereinafter provided, any necessary contract, deed, bill of sale, mortgage, or other written instrument.

(4) The board of directors of the local church corporation (4010:7) shall take such action and adopt such resolutions as may be necessary or required to carry out the proposal as approved, provided that such shall be in conformity with The Discipline and as required by local laws (4510).

(5) The chair of the board of directors (4010:7), or another designated director shall submit all written instruments of conveyance and title for the acquisition of property to the district superintendent for the approval of the district superintendent as to their conformity with The Discipline as stated in 1310:11 and shall see that permanent legal and property records are properly stored as required in 4760.

(6) The chair of the board of directors (4010:7), or another designated director shall submit all written instruments of conveyance and title for the acquisition of property to the district superintendent for the approval of the district superintendent as to their conformity with The Discipline as stated in 1310:13 and shall see that permanent legal and property records are properly stored as required in 4760.

E. Other Regulations

4060. An incorporated local church and/or its board of directors (4010:7) may not divert property from the ownership and use of The Wesleyan Church and is subject to other regulations concerning local church property as set forth in The Discipline in 4500–4630, 4700–4780, and any other pertinent provisions.

4070. The proceeds from the sale of any real property by an incorporated local church shall only be used for the purchase or improvement of property for that local church, unless otherwise authorized by the district board of administration as set forth in 4720–4738 (1233:30).