Religious organizations such as churches, temples and synagogues are routinely organized as corporations under state law.  Such incorporations enables the organization to enjoy the benefits of limited liability and other attributes of corporate entities.  Such organizations can be congregational, or hierarchical, or take any other form.  But the structure should be consistent with the provisions of state law governing religious corporations.

Problems typically arise when the members or followers in religious organizations disagree on ceremonies, rituals, or the interpretation of preachings, or control of the organization or its assets.  These disputes present special problems in view of the constitutional principles of First Amendment, the separation of church and state.  Courts typically refuse to get involved in religious doctrinaire disputes, theological controversies, or allegations of heresy.  But courts will adjudicate the secular, non-religious ramifications of such disputes and resolve issues of control over property and management of the religious corporation and its assets.  Treading that line to secure judicial relief requires familiarity with the legal underpinnings, and the procedural and substantive law; a New York Religious Corporation Lawyer would be invaluable.

Moreover, religious organizations in New York need to comply with the provisions of Religious Corporations Law, a complicated statute which was enacted in 1909 synthesizing laws enacted over the previous two centuries.  Further, New York religious organizations also need to comply with laws governing not-for-profit corporations.  Both are specialized statutes with arcane provisions, and require a New York Temple Lawyer familiar with these provisions. 

This challenge is often enhanced because in most situations, material corporate documents concerning the religious organization do not exist, or are not available.  Most religious corporations are not meticulous in record-keeping.  After all, everyone is praying and serving a Higher Cause, so why bother with paper and formalities?  But this can impugn the validity of corporate actions, and even the legality of the office-bearers' positions.   The religious corporation lawyer has to be able to navigate the maze of procedural and substantive constraints imposed by the federal and state constitutions and state law.

We are experts in laws governing New York Religious Corporations: We have published articles in prestigious professional publications, and litigated religious corporation law issues several times before state and federal courts at the trial as well as appellate level in the recent past:  Venigalla v. Alagappan, Kelly v. Garuda, Congregation Yetev Lev D'Satmar of Kiryas Joel, Inc v. Congregation Yetev Lev D'Satmar, Hindu Temple Society of North America v. Supreme Court of the State of New York.  So, if you need a New York Religious organizations lawyer that you can trust to protect your community’s temple, church, or synagogue from misuse, fraud, or illicit takeover, contact us.