Conflict of Interest Policy

Church Formation & GovernanceBoard of Directors, Conflict of Interest, Fiduciary Duty, Nonprofit Governance, Policy

A conflict of interest refers to a situation where an individual or entity has competing interests or obligations that could potentially compromise their impartiality, objectivity, or ability to make decisions in the best interest of another party. It occurs when personal, financial, professional, or other interests conflict with the duties, responsibilities, or obligations the person or entity holds. Types of Conflicts: Conflicts of interest can undermine trust, transparency, and fairness in decision-making processes. Organizations and individuals often establish conflict of interest policies and procedures to identify, disclose, and manage conflicts […]

Private Cemeteries

Church Safety & ComplianceBurial, Cemetery, Church property, Historical Property, Land Use

Occasionally, we work with a church that has its private cemetery dedicated on its property and is looking to sell. Although not always the case, these cemeteries usually consist of cremated remains. Public vs. Private:Most people know a cemetery when they see one, but the California Health and Safety Code defines a Cemetery as either of the following: Ownership Transfers:When transferring ownership of a private cemetery, fifty percent or more, the Cemetery and Funeral Bureau in the Department of Consumer Affairs must be notified and provided with the name and […]

Service Animals

Church Safety & ComplianceADA, Church Accommodation, Disability, Emotional Support Animal, Service Animal

Service animals are protected under the Americans with Disabilities Act (ADA), which ensures equal access and reasonable accommodation for individuals with disabilities in public places, including places of worship. As a general principle, service animals are permitted in public places such as restaurants, stores, and hotels as service animals are exempt from locations with no-pets policies. In some instances, a service animal may be excluded if it is not under control, poses a direct threat to the health or safety of others, or is not housebroken. However, such exclusions are […]

Perfecting a Mechanics Lien

Legal GuidesCalifornia Civil Code, Construction, contractor, Mechanic's Lien, Notice of Completion, Preliminary Notice

How to perfect a mechanics lien in California. Learn about preliminary notice requirements, filing deadlines with the county recorder, lien enforcement through foreclosure, and the difference between conditional and unconditional lien releases for contractors and suppliers.

Simplified Probate

Trusts & EstatesAffidavit, California Probate, Real Property Transfer, Simplified Probate, Small Estate

Probate is the legal process of administering a deceased person’s estate. It involves identifying and gathering the assets of the deceased person, paying any debts or taxes owed by the estate, and distributing the remaining assets to the heirs or beneficiaries. In General:Probate typically begins with the filing of a petition in the probate court, usually in the county where the deceased person lived. The court will then appoint an executor or administrator to manage the estate. If the deceased person had a will, the court will generally appoint the […]

Banking Beneficiaries

Trusts & EstatesBank Account, Beneficiary, Estate Planning, POD, TOD

Bank account beneficiary rules govern the designation of individuals or entities who will receive the funds in a bank account upon the account holder’s death. The specific rules and procedures can vary depending on the jurisdiction and the type of bank account involved. Trust Account:A type of bank account held within a living trust, also known as a revocable trust or inter vivos trust. The account is established in the name of the trust, and the trustee has the authority to manage and control the funds in the account on […]

HIPAA

Legal GuidesChurch Compliance, Confidentiality, Health Information, HIPAA, Privacy

Does HIPAA apply to churches? Understanding when health privacy laws affect religious organizations, church counseling programs, and ministry staff who handle medical information. Learn what churches need to know about protecting health data.

RLUIPA

Property & Land UseChurch property, Land Use Regulation, Religious Land Use, RLUIPA, zoning

As a result of Congressional Hearings wherein Congress found that churches, particularly those of minority religions and start-up churches, were disproportionately affected, and often were actively discriminated against, by local land use decisions. Furthermore, it was determined that zoning authorities were frequently placing excessive burdens on the ability of congregations to exercise their faith in violation of the Constitution. This resulted in the passing of the Religious Land Use and Institutionalized Persons Act (RLUIPA) to protect religious institutions from unduly burdensome or discriminatory land use regulations. Purpose:RLUIPA provides that “No […]

California Proposition 19

Tax & ExemptionsInheritance, Property tax, Proposition 19, Reassessment, Transfer

Effective April 1, 2021, Proposition 19 provisions potentially affect the former base year value transfers for persons age 55 and over that were added by Propositions 60 (1986) and 90 (1988). California Proposition 19, also known as the “Property Tax Transfers, Exemptions, and Revenue for Wildfire Agencies and Counties Amendment,” was a ballot measure that was passed in November 2020. Proposition 19 made several changes to property tax rules in California. Under Prop 19’s base year value transfer provision, if the transfer of taxable value is to a replacement primary […]

Employment Discrimination and Religious Employment

Church Formation & GovernanceChurch Employee, Civil Rights Act, Employment Discrimination, Ministerial Exception, Religious Employment

Religious employment refers to employment that is directly related to the religious activities or mission of a religious organization, such as a church, mosque, temple, or synagogue. Religious employment can include positions such as clergy, religious educators, music directors, and administrative staff. Civil Rights Act of 1964:A landmark federal law in the that prohibits discrimination on the basis of race, color, religion, sex, or national origin in a variety of areas including employment, education, and public accommodations. It was signed into law by President Lyndon B. Johnson on July 2, […]

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