Can I Start a Church Without a Lawyer?

Many people who desire to create a church wonder, "Can I do it without a lawyer?" Starting a church is joyful and hard. Some people might want to do everything themselves to save money and get things done quickly, but the legal issues that come with starting a church and following the rules might be scary.

This long post goes into the pros and downsides of founding a church on your own without seeking legal help, the risks associated, the important legal steps you need to take, and when you should get in touch with a lawyer. We want to help you choose wisely so that your ministry is safe and can flourish over time.

Why Some People Think About Starting Without a Lawyer

Some people who start churches believe they can handle legal issues on their own or that the process is simple enough that they don't need support from experts. They might wish to think about:

• Less money spent on lawyers' fees
• The many online tools and templates
• In the past, worked for a nonprofit or in the law
• Wanting to have all the options

These reasons are great, but they also come with risks.

The Legal Problems of Starting a Church

There are a lot of legal things you need to do when you start a church, and they can be hard to understand.

To create a nonprofit, you need to file Articles of Incorporation with your state.

Making rules for your church that work for it is what writing bylaws implies.

Fill out Form 1023 or 1023-EZ with the IRS to get tax-exempt status.

Following the rules for hiring and working includes putting workers and volunteers in the correct groups.

To stay compliant, you need to file, meet, and retain records on a regular basis.

If there are inaccuracies or missing information in these portions, it could cause delays, legal problems, or the loss of tax breaks.

What Could Happen If You Don't Hire a Lawyer

1. Incorrect or missing filings: If you file your incorporation documents or IRS filings incorrectly, your church's legal status and capacity to make money could be hurt by rejection or delays.
2. Bylaws that aren't clear: If your bylaws are too vague or not written effectively, it could be hard to run your business, cause problems, or not follow state and IRS rules.
3. Not being tax-free anymore: You could lose your 501(c)(3) status and have to pay taxes if you don't file your taxes correctly or undertake business that isn't relevant to your 501(c)(3) status.
4. Being legally accountable and able to be sued: Your church could miss important insurance, contracts, or compliance needs without professional help, which could put leaders in danger.
5. Time and money that were wasted: Usually, it costs more time and money to fix legal mistakes later than it does to get it right the first time.

When It Could Be Possible to Start Without a Lawyer

Some smaller churches with adequate resources and simple operations might be able to handle the processes of starting up on their own. Things that are crucial to think about are:

• Get templates and help from people you can trust.
• Working with organizations or legal papers.
• Being willing to spend a lot of time studying what has to be done to follow the rules.
• Getting help from people who know about church law.

It's still a good idea to have a lawyer look over the paperwork before you file them.

Why You Should Get a Lawyer

1. Legal guidance that fits your needs: A lawyer for your church knows what your mission is and what the laws are in your location, so they can make plans and papers that work for you.
2. Less chance of something bad happening: If you have a lawyer on your side, you're less likely to make mistakes, take too long, or get in trouble with the law.
3. A process that works well: Lawyers help you submit papers and interact with the government, which makes things easier and less stressful for you.
4. Help that keeps coming: Lawyers may help your church with things like making contracts, recruiting people, running the church, and following the law as it expands.

How Strategy and Church Law Can Help New Churches

Regan is in charge of Church Law and Strategy, which helps people create churches. Subscription services like The STARTUP PLAN give them reasonable and easy-to-reach legal guidance. These packages come with all the paperwork you need, legal credits, and one-on-one consultations to help you feel good about starting.

A List of Topics to Consider Before Engaging a Lawyer to Help You Create a Church

• Think about how well you know the law and how at ease you are with it.
• If you're going to do it yourself, be sure you get information from trustworthy sources.
• Think about how hard it is for your church to plan and run activities.
• Before you sign the paperwork, be sure you have a strategy for a legal review.
• Paying for professional help is a smart investment.
• Pick a lawyer who is very knowledgeable about the law that governs churches and other nonprofits.

Last Thoughts

You don't need a lawyer to form a church, but it's a good idea to get one because of the risks and complications that come with it. You can focus on your purpose and progress if you keep your ministry safe from costly mistakes and delays.

Church Law and Strategy may help you with anything from comprehensive legal support to professional counsel at key points to make sure your church starts off strong and stays compliant for the long haul.

Links Inside

• Learn more about the legal steps you need to do to start a church.
• Learn what a lawyer who specializes in church governance can accomplish for you.
• Learn about church compliance and legal audit reports.

Links to Other Sites

• IRS guide on Starting a Nonprofit
• ECFA article on Church Governance and Compliance
• Christianity Today’s article on Starting a Church

This blog post is not legal advice; it is just meant to give you information. Reading this does not make you a client of Church Law and Strategy or any of its representatives. For specialized legal counsel, please talk to a lawyer who knows your church or group well.