Full Version: I want to start a church in maine
I want to start a church in maine and a friend told me I can only do it if I have treasurer, and several other people in order to do it. My understanding is that according to the 1st amendment I can start a church and no state or local government can stop me or tax meeven if it is just me running it alone.So am i wrong. If so what do I have to do in the state of maine to start a free non taxable church.
QUOTE (daltonworld @ Apr 1 2009, 03:31 AM) 
I want to start a church in maine and a friend told me I can only do it if I have treasurer, and several other people in order to do it. My understanding is that according to the 1st amendment I can start a church and no state or local government can stop me or tax meeven if it is just me running it alone.
Well, for starters: How old are you? Maine law says you have to be at least 21 years of age to be licensed. If you are under 21, than study up on all of the laws and such, take seminary classes, write up your church doctrines, etc. until you turn 21. If you are already 21, you are ready to get started.
I am also planning to start a church in Maine, and as such I went to the Maine gov website to look up the laws. Maine and probably all the other states too, does not specifically list laws and rules about "churches" or "religions", however, they do classify churches as a form of not for profit or non-profit organization and as such churches are required to abide by the state's non-profit organization laws.
Here is the set of laws required to start a church in Maine.
And here's a copy of the one which directly answers your question:
QUOTE
Title 13-B: MAINE NONPROFIT CORPORATION ACT
Chapter 7: DIRECTORS AND OFFICERS
§702. Number and election of directors
1. Number of directors fixed by bylaws. The number of directors of a corporation shall not be less than 3. Subject to such limitation, the number of directors or a maximum and minimum number of directors shall be fixed by the bylaws or articles of incorporation. The number of directors may be increased or decreased from time to time by amendment to the bylaws, unless the articles of incorporation provide that a change in the number of directors shall be made only by amendment of the articles of incorporation. If the articles of incorporation or bylaws set a maximum and minimum number of directors, the number of directors may be increased or decreased by a resolution of the members, or by a resolution of the directors, if the articles authorize such a resolution. No decrease in number shall have the effect of shortening the term of any incumbent director. In the absence of a bylaw fixing the number of directors, the number shall be the same as that stated in the articles of incorporation.
[ 1977, c. 525, §13 (NEW) .]
2. First board of directors named in articles of incorporation. The directors constituting the first board of directors shall either be named in the articles of incorporation or elected by the incorporators and shall hold office until the first annual meeting of members or for such other period as may be specified in the articles of incorporation or the bylaws. Thereafter, directors shall be elected or appointed in the manner and for the terms provided in the articles of incorporation or by the bylaws. In the absence of a provision fixing the term of office, the term of office of a director shall be for one year.
[ 1977, c. 525, §13 (NEW) .]
3. Directors divided into classes. Directors may be divided into classes and the terms of office of the several classes need not be uniform. Each director shall hold office for the term to which he is elected or appointed and until his successor shall have been elected or appointed and qualified.
[ 1977, c. 525, §13 (NEW) .]
SECTION HISTORY
1977, c. 525, §13 (NEW).
Chapter 7: DIRECTORS AND OFFICERS
§702. Number and election of directors
1. Number of directors fixed by bylaws. The number of directors of a corporation shall not be less than 3. Subject to such limitation, the number of directors or a maximum and minimum number of directors shall be fixed by the bylaws or articles of incorporation. The number of directors may be increased or decreased from time to time by amendment to the bylaws, unless the articles of incorporation provide that a change in the number of directors shall be made only by amendment of the articles of incorporation. If the articles of incorporation or bylaws set a maximum and minimum number of directors, the number of directors may be increased or decreased by a resolution of the members, or by a resolution of the directors, if the articles authorize such a resolution. No decrease in number shall have the effect of shortening the term of any incumbent director. In the absence of a bylaw fixing the number of directors, the number shall be the same as that stated in the articles of incorporation.
[ 1977, c. 525, §13 (NEW) .]
2. First board of directors named in articles of incorporation. The directors constituting the first board of directors shall either be named in the articles of incorporation or elected by the incorporators and shall hold office until the first annual meeting of members or for such other period as may be specified in the articles of incorporation or the bylaws. Thereafter, directors shall be elected or appointed in the manner and for the terms provided in the articles of incorporation or by the bylaws. In the absence of a provision fixing the term of office, the term of office of a director shall be for one year.
[ 1977, c. 525, §13 (NEW) .]
3. Directors divided into classes. Directors may be divided into classes and the terms of office of the several classes need not be uniform. Each director shall hold office for the term to which he is elected or appointed and until his successor shall have been elected or appointed and qualified.
[ 1977, c. 525, §13 (NEW) .]
SECTION HISTORY
1977, c. 525, §13 (NEW).
Well, based on that, I think it means you are required to have 3 people in addition to yourself in order to legally form a church in Maine.
Okay, now if you are like me and you are just starting out with zero affiliation to any denomination, that means you've got just one person: yourself, and do not yet have 3 members whom you can "assign" as part of your church's board of directors. Now, from what I'm reading here, it doesn't actually say that your board of directors has to be actual members of your church, so I think you've got a bit of a loop hole there. What I'd do, is find 3 friends or relatives whom are willing to act as "honorary directors" until such time as your church has enough members in good standing, for you to pick 3 of them instead. In my case, I have 3 brothers, so I plan to ask them to stand in as honorary directors until I can come up with actual directors. I think that will hold up under the law.
QUOTE (daltonworld @ Apr 1 2009, 03:31 AM)
If so what do I have to do in the state of maine to start a free non taxable church.
As for the free non-taxable part, Maine is not in control of that, the IRS is. You still have to file tax forms every year just like every one else, but in addition to the self employment forms you also have to file non-profit forms and send them both in together. The IRS will than notify you if your church qualifies as tax exempt or not.
Even if you are tax exempt you MUST still file yearly tax forms with the IRS, and this means you'll need to keep a detailed record of EVERY SINGLE donation, love gift, tith, etc, paid to you. If you don't you'll be subject to huge fines, and being the owner of an "illegally operating church" you'll most likely end up with prison time for fraud as well. Read the IRS laws VERY CAREFULLY!!!! They are fierce when it comes to tax evasion.
AFTER you have filed for tax exemption with the IRS, next you need to head back to the Maine gov site and apply for Maine's Exempt Charitable Organization License
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Also, an additional thing to consider:
Church leaders are legally considered by the government to be spiritual counselors, and as such if you are leading a chuch you have to abide by the states laws regarding counselors as well.
In Maine, if you are going to fully lead a church (which means members of your church come to you for advice and counseling, after services or during the week) than, you'll need to apply for a Pastoral Counselor's License. Which requires you to have read and agreed to abide by THESE LAWS and THESE RULES and THESE LAWS.
OMG! Did you see the cost of a Pastoral Counselor's License! All the fees on top of fees, and you have to pay then every other year!
I read the application and found it to be such that I could not apply, due to the fact that I do not have a masters degree in prophesional counselling, nor have I ever worked as an assistance for a licensed counselor, nor do I have any psychology training! Odd . . . I've never meet a single pastor, preacher, bishop, or priest in Maine who DID have that kind of training . . . and I've known a lot of them - more than 30 different ones. Likewise none of them had or was even aware they needed a Pastoral Counselor's License, some of them have been preaching more than 40 years, and several a part of large nation wide denominations, and a few are evangelist preachers who just started preaching without any denomination or building, so I don't think this law is being enforced very much.
I don't know how to deal with this for myself personally, because I have zero training in any of the college courses that this application requires. I have to ask myself, WHY does one need 4 years college training in psychology to be a pastor?
Also Maine has a separate set of laws if you provide Family and Marriage Counseling, which requires you to have an ADDITIONAL license just for that!!!!
However . . . on a better note . . . and I am so glad I found this loop hole! Maine law allows for those who do not have all the years of college mastery required for the Pastoral License, by having a Registered Counselor's License instead. Which states this:
QUOTE
"Registered Counselor" means a person who engages in procedures of counseling for a fee, monetary or otherwise, and who is registered with the Department of Professional and Financial Regulation. Registration does not imply or certify in any way that the registrant has met any standards or criteria of education or training.
pheew! Now I can breath a sigh of relief! For a moment there I though the only way I could get licensed was if I went and took a 4 year Master's in Psychology first!
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Also, if you are planning to hold funeral services in Maine, you may need THIS LICENSE and THESE LAWS and THESE RULES.
It looks like these are mostly meant for funeral homes, but the wording is not clear and it could mean church leaders as well!
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Wow! Like you I was thinking I was just going to get ordained and I'd be all set to hit the floor running. I only just found out about all these laws this past week, because I was trying to find out how to set up a church. There are probably more laws out there that I haven't found yet, too! These are just the ones I located easily off the Maine Gov website! It's just mind boggling how many laws and rules and such there are out there about this, and equally mind boggling is how unclear these rules are as to what they mean and who they apply too. All I want to do is start a little church, more of a study group where a few folks can get together and share religious ideas and rhetoric and such. Of course, you can't have group meetings like that unless you are running a church, because of various laws. It's such a mess trying to figure this all out.
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PS an added note for anyone outside of Maine looking to start a church: Be sure to go to your State's .gov website, and search for laws regarding "starting a not for profit (or non-profit) organization" to find out what laws, rules, regulations, licenses, permits, forms, etc, that you will need to know/fill out before you get started.
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