2007 Minnesota Statutes

315.01 FORMATION; TRUSTEES.
    Subdivision 1. Who may elect. The worshipers with an unincorporated church, congregation,
or religious society who are of lawful age and have been considered as belonging to it, may elect
trustees and incorporate as provided in this section.
    Subd. 2. Election. A written notice, signed by at least five worshipers, stating the time,
place, and object of the meeting, must be posted at least 15 days before the meeting, at the
place of worship of the society. At the time and place fixed, if at least five worshipers are
present, they shall, by a plurality vote, elect a chair and secretary. The chair and secretary shall
together determine the qualifications of voters and receive and count the votes. The voters
shall, by a plurality vote, elect at least three and not more than 15 members of their society as
trustees, to take charge of its property and temporal affairs. The voters shall adopt a corporate
name for the trustees and their successors. They may also determine the qualifications of the
trustees to be chosen afterward and the religious denomination or sect to which the society will
belong. Immediately after the meeting the chair and secretary shall sign, in the presence of two
subscribing witnesses, and acknowledge a certificate stating the names of the trustees elected, the
name adopted for the incorporated society, the qualifications, if any, of future trustees, and the
name of the religious denomination to which the society belongs, if any.
    Subd. 3. Appointment. When the constitution, rules, or usages of a church, denomination,
congregation, or religious society require that trustees be chosen by a minister, presiding elder,
or other officers, or by a body, the person who chose the trustees, or the presiding officer and
secretary of the body shall execute, acknowledge, and deliver to the trustees a certificate, stating
the names of the trustees, the time when and the person or body by which they were chosen, and
their corporate name. When the certificate is recorded as required by law, the trustees and their
successors become a corporate body under the name specified in the certificate, and have the
rights, powers, and privileges of other religious corporations organized under this chapter.
    Subd. 4. Designation. When the constitution, rules, and usages of a church or religious
denomination declare that the ministers, elders, deacons, or other officers elected by a church
or congregation according to the constitution, rules, or usages, are the trustees of the church or
congregation, those designated persons may assemble and execute and acknowledge a certificate
stating their corporate name. When this certificate is recorded with the county recorder of the
proper county, they and their successors are a corporate body under the name in the certificate.
History: (7963, 7972, 7974) RL s 3133, 3141, 3143; 1919 c 122 s 1; 1976 c 181 s 2; 1985 c
265 art 5 s 1; 2005 c 4 s 45,46