Governance
Declaration of Trust
How the trustees hold property for Spiritual Results
Declaration
We, the undersigned, having been appointed Trustees of Spiritual Results, a church and unincorporated religious association (the "Church"), by its Council of Elders, declare that we hold, and will hold, all property of every kind that is conveyed to us as Trustees, or that is conveyed to the Church, in trust for the Church and for the religious purposes stated in its Constitution, on the following terms.
1. Nature of the trust
This is a trust for a religious purpose. The beneficiary is the Church and its purposes, not any individual. No Trustee, member, minister, elder, or officer of the Church has any beneficial interest in the trust property.
2. Title
Title to real and personal property of the Church shall be taken and held in the name of "[Name], [Name], and [Name], as Trustees of Spiritual Results, a church, and their successors in office," or in such similar form as the law of the place where the property is located permits. Where the law permits an unincorporated religious association to hold title in its own name, the Council may direct that title be taken in the name of the Church.
3. Powers and their limits
The Trustees hold legal title only. They shall act with respect to the trust property only as directed by written resolution of the Council of Elders. Without such direction the Trustees shall not sell, lease, encumber, convey, or otherwise deal with any trust property. Any purported act of a Trustee not so authorized is void.
4. No encumbrance
Consistent with Article VII, Section 3 of the Constitution, the Trustees shall not mortgage, pledge, or grant a security interest in any trust property except as the Council unanimously directs by recorded resolution for a specific, stated religious purpose.
5. Succession
Trustees serve at the pleasure of the Council. On the death, resignation, incapacity, or removal of a Trustee, the Council shall appoint a successor, and title shall vest in the remaining and successor Trustees without the need for a conveyance, to the extent the law permits. The Trustees shall execute any instrument needed to confirm title in the successors.
6. Records
The Clerk of the Church shall keep a schedule of all trust property, all instruments of title, and all resolutions directing the Trustees.
7. Compensation and liability
Trustees serve without compensation. A Trustee is not liable for any act taken in good faith at the direction of the Council.
8. Dissolution
On the dissolution of the Church, the Trustees shall convey the trust property as the Council directs under Article XI of the Constitution, to one or more churches or religious organizations exempt under Section 501(c)(3) of the Internal Revenue Code, and to no private person.
9. Irrevocability
This trust is irrevocable except as necessary to conform to an amendment of the Constitution adopted under Article X, and never in a manner that would divert trust property from religious purposes.
Executed on [DATE].
| Trustee | Signature |
|---|---|
| [Name] | |
| [Name] | |
| [Name] |
Acknowledgment before a notary public, in the form required for deeds in the State of [Arizona], to be attached when real property is to be recorded.