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LCMS Convention Workbook St. Louis, Missouri — 2016, Page 413

Scan: The Lutheran Church—Missouri Synod
Transcription machine transcription, uncorrected

STRUCTURE AND ADMINISTRATION
the Synod’ does not include any assets held by the Lutheran Church
Extension Fund—Missouri Synod or by an agency of the Synod in a
fiduciary capacity (including, for purpose of example, the funds managed for the Concordia Plans by Concordia Plan Services and certain
funds held by the Lutheran Church—Missouri Synod Foundation.)”
First, the current definition, especially when read in light of the
definition of “Synod,” could lead to an erroneous understanding
that the Synod owns the property of member congregations. Such
a misunderstanding would be inconsistent with Article VII 2 of the
Constitution, which clearly states, “Membership of a congregation
in the Synod gives the Synod no equity in the property of the congregation.” Clarification for consistency could be made by amending
Bylaw 1.2.1 (q) to expressly exclude property of congregations from
the definition.
Second, Article XI E of the Constitution should be amended to
reflect more clearly that the duties of the Board of Directors include
serving as the legal representative of both the Synod and corporate
Synod, and to clarify that the Board of Directors’ role as custodian
of the property of the Synod includes, in particular, property held by
or titled in the name of corporate Synod or its nominee. This is not a
change in responsibilities but rather a clarification.
These amendments would benefit the Synod and its members by
providing clarity and consistency between the Constitution and the
Bylaws.
Proposed Action by the Convention
Therefore be it
Resolved, That the LCMS Handbook be revised as follows:
PRESENT/PROPOSED WORDING
Article IV Powers
The Synod in convention is empowered to and has formed corporate
entities which shall have legal powers:
1. To purchase, hold, administer, and sell property of every description
in the interest of the Synod;
2. To accept, hold, administer, and, if deemed advisable, dispose of
legacies, donations, commercial papers, and legal documents of every description in the interest of its work.

Article XI E Composition and Duties of the Board of Directors
2. The Board of Directors is the legal representative of the Synod. It is
the and custodian of all the property of The Lutheran Church—Missouri Synod the Synod, directly or by its delegation of such authority to an agency of the Synod. It shall exercise supervision over all
the property of the Synod and business affairs of the Synod The
Lutheran Church—Missouri Synod except in those areas where it
has delegated such authority to an agency of the Synod or where the
voting members of the Synod through the adoption of bylaws or by
other convention action have assigned specific areas of responsibility to separate corporate or trust entities, as to those the Board of
Directors shall have general oversight responsibility as set for in the
Bylaws. For the purposes of this article, The Lutheran Church—
Missouri Synod includes both the Synod formed by this Constitution and the Missouri corporation formed by the Synod.

Bylaw 1.2 Definitions of Terms
1.2.1 The following definitions are for use in understanding the
terms as used in the Bylaws of The Lutheran Church—Missouri Synod:
…
(q) Property of the Synod: All assets, real or personal, tangible or intangible, whether situated in the United States or elsewhere, titled or

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held in the name of the Synod or corporate Synod, its nominee, or
an agency of the Synod. “Property of the Synod” does not include
any assets held by member congregations, the Lutheran Church Extension Fund—Missouri Synod, or by an agency of the Synod in a
fiduciary capacity (including, for purposes of example, the funds
managed for the Concordia Plans by Concordia Plan Services and
certain funds held by The Lutheran Church—Missouri Synod Foundation).

LCMS Board of Directors
11-57

To Require LCMS Foundation to Use Biblical
Dispute Resolution to Settle Disputes with Donors
Whereas, The Lutheran Church—Missouri Synod professes the
Bible to be the actual Word of God and, therefore, totally truthful,
reliable, and free from any error; and
Whereas, The LCMS believes that the Scriptures are the ultimate
standard by which we must judge everything that we believe, teach,
confess, and practice; and
Whereas, We live in a sinful world where property disputes
between individuals and organizations are often settled through lawsuits in courts of law; and
Whereas, Matthew 18 and 1 Corinthians 6 clearly express God’s
expectations for the settling of disputes, specifically directing disputes
be settled by the saints rather than the ungodly; and
Whereas, The meaning of the Ninth Commandment in Luther’s
Small Catechism directs us “to fear and love God so that we do not
scheme to get our neighbor’s inheritance or house, or get it in a way
which only appears right, but help and be of service to him in keeping it”; and
Whereas, The LCMS is obligated to fulfill the meaning of the
Ninth Commandment; that is, “to fear and love God so that we do
not scheme to get our neighbor’s inheritance or house, or get it in a
way which only appears right,” but rather “help and be of service to
him in keeping it” when receiving inheritance gifts from individuals
and organizations; and
Whereas, Disputes related to inheritance gifts from individuals
and organizations have arisen in which the LCMS Foundation has
used the court system rather than working through biblical conflict
resolution and reconciliation resources at its disposal; and
Whereas, Ambassadors of Reconciliation, a recognized service
organization of the LCMS, provides biblical conflict resolution and
reconciliation that is in harmony with the doctrine and practice of the
LCMS; therefore be it
Resolved, That the LCMS examine the policies and procedures
of receiving gifts so that when disputes arise regarding the reception
of gifts, biblical procedures for resolving these disputes are implemented; and be it further
Resolved, That the LCMS involve the congregations and pastors
of the parties in dispute when conflicts arise; and be it finally
Resolved, That the LCMS Foundation be directed to follow biblical dispute resolution procedures when property disagreements
arise over inheritance gifts, in order that disputes of this nature are
addressed in accordance with God’s Word and the doctrine and practices of the LCMS, and that resolution of such disputes brings glory
to God.
Our Savior
Valentine, NE

2016 Convention Workbook