Who is responsible for the church's legal matters?

Knowing how to deal with the law is an important but sometimes overlooked component of being a church leader. As your ministry grows, the legal issues you have to deal with, like contracts, hiring, following the rules, and protecting your ideas, become more difficult. Knowing who is in charge of the "legal stuff" at a church is very important for the safety of your ministry and the smooth running of things.

This in-depth guide answers the question, "Who handles legal issues in a church?" It talks about the usual roles and duties involved in church legal matters, the best ways to make sure your church follows the law, and how Church Law and Strategy's subscription plans can help your church stay on the right side of the law.

Important People in Church Law

The Church's Board of Directors or Trustees

The final word on how to operate things, follow the regulations, and deal with risk.

Responsible for making big choices, signing contracts, and approving regulations.

Keeps an eye on the church to make sure it accomplishes what it should and observes the law.

Lead Minister or Senior Pastor

A lot of the time, the face of following the law when it comes to problems at work and in the church.

Can take care of clergy's housing allowance, pay, and contracts.

Works closely with lawyers on matters that are hard to understand or touchy.

Church Manager or Executive Director

Manages daily tasks such as contracts, following HR rules, and working with vendors.

Works with the board and lawyers to make sure that all legal documentation and steps are taken.

A lawyer, either in-house or outside the company

Helps the church with legal issues that have a direct impact on it.

Checks and writes contracts, policies, and paperwork to make sure they are followed.

When the church has legal concerns, it acts as its lawyer in court.

The Treasurer or the Finance Committee

Keeps an eye on audits, reporting, and obeying the rules for money.

Checks to see that all tax rules, donor limits, and financial controls are being followed.

People who work in human resources

Checks that the law is followed while employing personnel and checking volunteers.

Sets up lessons on safety and the law.

What the Law Says About Places of Worship

Following the rules and running things

Bylaws, rules, and procedures that make sure the law is observed.

Following IRS rules for tax-exempt status and retaining the business status.

Rules about working and volunteering

Paying, working, and not treating others unfairly.

Rules to keep kids safe and look into their pasts.

Deals and Agreements

Working with ministries, negotiating leases, and contracts with suppliers.

Checking out contracts for services and renting out space.

Rights to Own Things

Keeping the church's name, logos, sermons, and other things safe.

Taking care of registering copyrights and trademarks.

Insurance and Risk Management

Taking care of insurance for officers and directors, property, and debts.

Making plans for safety and crises.

A Useful Guide on Handling Legal Issues in a Church

Learn what the law says you need

Leaders should check often to see if there are any legal needs or hazards.

Give people jobs

Make it clear who is in charge of each part of the law.

Get a lawyer

Meet lawyers who know a lot about church law.

Make regulations and policies

Make a list of rules for safety, running the business, hiring, and keeping intellectual property safe.

Talking and training

Teach leaders, employees, and volunteers what the law says they have to do.

Regular checks and reviews

When requirements change, make sure to do compliance audits and adjust your procedures.

How to Use Church Law and Strategy to Deal with Your Legal Problems

Church Law and Strategy's Foundation Plus Plan (Tier 2) is for churches that have between 900 and 2,500 members. It includes policy evaluations, legal audits, creating contracts, and access to a strong network of professionals.

Churches with between 2,500 and 10,000 members who sign up for the Pastor Support Plan (Tier 3) will get greater legal help, quarterly executive meetings, priority counsel, and unique programming.

A brief outline of the church's legal responsibilities

1. Make sure the pastor, the board, the admin, and the lawyer all know what they need to do.
2. Always keep your materials on governance and compliance up to date.
3. Set rules for hiring and safety.
4. Get help with contracts and other legal issues.
5. Make sure to do frequent audits and legal training.

In the end

When a church has legal issues, everyone has to know where they stand, get appropriate guidance, and keep an eye on things. Churches may tackle legal issues and stay faithful to their mission by knowing who is in charge and asking specialists for help.

The Tier 2 and Tier 3 programs from Church Law and Strategy give churches all the legal help they need to stay safe and follow the rules.

Links on the inside

• Find out more about legal audit reports and church compliance.
• Find out how to pay pastors legally.
• Learn how to help with tax planning for your church.

Links to other sites

• Nonprofit Legal Compliance, National Council of Nonprofits: https://www.councilofnonprofits.org/tools-resources/legal-compliance
• IRS Guide for Churches and Religious Organizations: https://www.irs.gov/charities-non-profits/churches-religious-organizations
• Church Governance Best Practices, BoardSource: https://boardsource.org/resources/church-governance-best-practices/

This is only for information and does not give legal advice. A lawyer who has been trained can give you legal advice that is specific to your situation.