Articles of Incorporation

What follows are this presbytery’s Articles of Incorporation as found in presbytery minutes from 1981.  Pertinent minutes include:

  • Minutes, March 13-14, 1981 item 117.  This has the text of the Articles.
  • Minutes, September 14-15, 1981 item 13. This records the decision to act on these Articles at the next meeting of Presbytery held in Illinois.
  • Minutes, October 3, 1981 item 5. This records the adoption of the Articles.
  • Minutes, September 20-21, 1982 communication (7).  This notes that Jim Edgar, Secretary of State of the State of Illinois, certified that these Articles were “recorded for the record in the Religious Book 2, pages 3 through 6, on May 13, 1982.” The stated clerk also writes the exact date and signatories of the Articles.

Articles of Incorporation

of

The Presbytery of the Midwest

The Orthodox Presbyterian Church

 

Know All Men by These Presents, that we, the undersigned, do hereby associate ourselves together for the purpose of forming a religious corporation under and by virtue of the Illinois statute for Religious Corporations, Chapter 32; Paragraphs 164 at seq., in such case made and provided, and do hereby adopt the following Articles of Incorporation:

1. Name. The name of said corporation shall be The Presbytery of the Midwest, The Orthodox Presbyterian Church.

2. Purpose. The general purpose of said corporation shall be to operate and maintain a presbytery affiliated with the Orthodox Presbyterian Church in the United States of America in accordance with the Standards of the Orthodox Presbyterian Church, and subject to the following limitations:

1. Inurement of Income. No part of the net earnings of the corporation shall inure to the benefit of, or be distributable to, its members, trustees, officers or other private persons except that the corporation shall be authorized and empowered to pay reasonable compensation for services rendered.

2. Legislative or Political Activities. No substantial part of the activities of the corporation shall be the carrying on of propaganda or otherwise attempting to influence legislation and the corporation shall not participate in or intervene in (including the publishing or distribution of statements) any political campaign on behalf of any candidate for public office.

3. Operational Limitations. Notwithstanding any other provisions of these Articles; the corporation shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from Federal Income tax under Section 501(c)(3) of the Internal Revenue Code of 1954 (or the corresponding provisions of any future United States Internal Revenue Law) or (b) by a corporation, contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code of 1954 (or the corresponding provisions of any future United States Internal Revenue Law).

4. Dissolution Clause. Upon the dissolution of the corporation, the trustees shall, after paying or making provisions for the payment of all of the liabilities of the corporation, dispose of all of the assets of the corporation exclusively for the purposes of the corporation in such manner, or to such organization or organizations organized and operated exclusively for charitable, educational, religious or scientific purposes as shall at the time qualify as an exempt organization or organizations under Section 50l(c)(3) of the Internal Revenue Code of 1954 (or the corresponding provisions of any future United States Internal Revenue Law), as the trustees shall determine. Any of such assets not so disposed of shall be disposed of by the Circuit Court Of the county in which the principal office of the corporation is then located, , exclusively for such purposes or to such organization or organizations as said court shall determine, which are organized and operated exclusively for such purposes effective immediately.

3. Location. The location of said presbytery shall be 1401 Naperville Road, Wheaton, Illinois.

4. Government. The government of said presbytery and the management of its affairs shall be vested in trustees, to be elected by the members of said presbytery in accordance with the Standing Rules of said presbytery, or at such other times as the members of the board of trustees may appoint. The said trustees shall hold their respective offices in accordance with the Standing Rules of said presbytery and until their successors are elected and qualify. In case of death, resignation, or removal of any trustee, the members of the presbytery, at a duly called meeting, shall elect a successor to serve for the unexpired term. No person shall be a trustee of said presbytery unless he be either a member of the ecclesiastical body known as The Presbyterian Church of the Midwest of the Orthodox Presbyterian Church or an elder in good standing, whether active or inactive, of a particular church within said presbytery.

5. Duration. The period of duration of this corporation is perpetual.

6. Officers. The board of trustees may select form their own number a chairman, a secretary, and a treasurer, and such other officers as they may from time to time deem expedient, and may designate persons who are not trustees to serve as custodians, caretakers, a treasurer and an assistant treasurer in accordance with the Standing Rules of the presbytery.

7. Amendments. These Articles may be amended in the manner provided by statute at the time of amendment, by an amendment to the Standing Rules of said presbytery in the manner provided by such Standing Rules.

8. Powers of Trustees. The powers of the trustees shall be as provided by the Standing Rules of the presbytery and as limited by the Articles of Incorporation.

9. First Board of Trustees. The names and term of office of the first board of trustees shall be as follows; who shall each hold their respective offices until the first annual meeting; who shall each hold their respective offices until the second annual meeting; and, who shall each hold their respective offices until the third annual meeting.

10. Election of Trustees. The election of trustees hereafter shall be in accordance with the Standing Rules of said presbytery.

In Witness Whereof, the original duly elected trustees affix our hands and seals this day 3 of October 1981.

James L. Bosgraf, Moderator

Leslie A. Dunn, Vice-Moderator

Robert W. Eekardt, Stated Clerk

Ivan J. DeMaster, Assistant Clerk