# LCMS Convention Proceedings_St. Louis Missouri_1935_S205
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

192 Proceedings of Thirty-Sixth Regular Convention,

sity of securing a license for a foreign Corporation to do business in
that particular State. This question, while technical, hag many im-
plications that cannot be discussed within the limits of this report.

¢) In the case of a foreign corporation holding title to institu-
tions a question of taxation may also arise,

3. a) The further incorporation of colleges should be as nearly
a8 possible under uniform specifications, These should be prepared
by the Board of Directors with advice of competent counsel. Com-
plete uniformity as to form cannot Perhaps be obtained, due to the
differences existing in the various States relative to corporations, but

involve amenc'ment of some of the present charters of those colleges
that are now incorporated.

b) Your Committee also discovered that under the present exist-
ing charters great divergence exists as to the boards of control, or
trustees, under the charters, and this anomalous situation should be
clarified and corrected as nearly as possible in harmony with the
principle of uniformity.

c) At the present time, by reason of Synod’s regulations con-
cerning the colleges, the loca] boards of control are acting according
to rules and regulations of Synod instead of the charter provisions,
For example, the number of trustees provided for in the charter does
not always agree with the number of members of the board of control;
annual meetings are not held, as the articles of incorporation pro-
vide; ete. A failure to observe these charter Provisions may entaj]
serious legal Consequences for the institution as &@ corporation and
therefore for Synod.

4. The rules and regulations appearing in the Synodical Hand-
book Pertaining to boards of control should be revised and clearly
defined, so that the exact legal relationship of the boards of control
appear, especially this, that they are definitely trustees for Synod.’

book; Article XI, pp. 8, 23, and 33. There may be other revisions
necessary. Ur

The legal status of Synod’s title to the colleges in foreign coun-
tries, its rights in these countries, ete, raises many peculiar and
serious questions, It is quite apparent from an examination of the
records that not nearly as much thought was given to the question as
the situation demands, Fortunately no harm has yet come to Synod.