LCMS Convention Workbook St. Louis, Missouri — 2001, Page 279

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STRUCTURE, PLANNING, AND ADMINISTRATION 279

ARTICLE VI

This asseetettern Corporation may receive by gift, devise and be-
quest real and personal property for any of the purposes herein-
above mentioned; but no part of any property acquired by this as-
seeiatien corporation by purchase, gift, devise, bequest or
otherwise, nor the rents, issues or profits thereof, shall in any wise
or in any manner inure to or be used for the benefit of any officer,
director, employee, or agent of this asseetatten corporation, but the
same shall be irrevocably dedicated to religious or charitable pur-
poses and used wholly and solely for the purposes hereinabove set
forth for the exclusive use and behalf of The Lutheran Church-Mis-
souri Synod. Upon the dissolution or winding up of this asseete-
tte# Corporation, its assets remaining after paying, or providing for
the payment of, all debts and liabilities of this asseetetien corpora-
tion, shall be distributed to The Lutheran Church-Missouri Synod,
an organization exempt from tax under the United States Internal
Revenue Code. If at the time of such dissolution or winding up this
asseetatier corporation holds assets on trust, such assets shall, un-
Jess otherwise distributed to The Lutheran Church-Missouri Synod,
be thereafter held and administered on the same trusts.

ARTICLE VII

This asseetatier Corporation shall make such bylaws and rules
and regulations for the management of this business as may be nec-
essary provided the same are not inconsistent with these articles of
asseeiatter Corporation, or of the laws of the State of Missouri, or
the constitution, or bylaws, or rules and regulations of the said
Synod,

ARTICLE VIII
These articles of of agrepnrent maybe amended at amy meeting of

Red incorpora-
tion may y be amended. by the c corporation’ s s Board of Directors pro-
vided such amendments are not inconsistent with the Constitution

or laws of the United States or the State of Missouri and before be-
coming effective are approved by the Commission on Constitu-
tional Matters of said Synod and the Board of Directors of said
Synod. A negative decision by either of these two bodies may be
appealed to the Synod in convention, which retains the right on its
own initiative to require amendments to these articles of incorpo-
Tation ete-thereatterapproved-by-the-Cirest-Cour-of the-City-of

ARTICLE IX

The original incorporators of this corporation in 1941 were
Oscar P. Brauer, 3558 S. Jefferson Ave., St. Louis MO 63118
Harry J. W. Niehaus, 3558 S. Jefferson Ave., St. Louis MO 63118

Richard C. Obermann, 3558 S. Jefferson Ave, St. Louis MO
63118.

Board of Directors
Concordia Publishing House

7-114

To Retain Original Purpose of LCEF

WHEREAS, The Lutheran Church Extension Fund (LCEF) has
been a special and unique blessing to The Lutheran Church—Mis-
souri Synod; and

WHEREAS, God has blessed LCEF beyond the dreams of those
who originally planned and established this fund in Districts and
the Synod; and

WHEREAS, There is some controversy in the church today over
the concept of LCEF offering grants, gifts, or seed monies to con-
gregations, new ministries, parachurch groups, or other entities;
therefore be it

Resolved, That the LCMS in convention restate and direct that
the LCEF shall continue in its original purpose to loan to congre-
gations, the Synod, and Districts for capital purposes only; and be it
further

Resolved, That no LCEF funds or administrative monies shall
be used as grants, gifts, or special funding to any entity in or out
of Synod; and be it finally

Resolved, That the LCEF shall remain a fund that receives in-
vestments, pays interest on those investments, and loans those
monies to congregations, the Synod, and Districts for capital pur-
poses and shall do this work exclusively.

Circuit 20 Forum
North Wisconsin District

7-115

To Observe Bylaws of Synod

WHEREAS, The Bylaws of the Synod (Chapter 19) have been
overlooked by the Board of Directors of the Synod in transferring
the Stewardship Department of the Synod to The Lutheran
Church—Missouri Synod Foundation; and

WHEREAS, The Bylaws of the Synod are legal documents which
can be enforced by a court of law; and

WHEREAS, Failure to observe the Bylaws may expose the Synod
to litigation in the courts; and

WHEREAS, “Bylaws cannot be suspended no matter how large
the vote in favor of doing so, or how inconvenient the rule in ques-
tion may be” (Robert’s Rules of Order, 9th ed., pp. 261-62); and

WHEREAS, The Constitution of the Synod states: “The officers
of the Synod must assume only such rights as have been expressly
conferred upon them by the Synod” (Art. XI 1); therefore be it

Resolved, That the Board of Directors of the Synod shall not
fail to see to it that the Bylaws of the Synod are observed; and be it
further

Resolved, That when the Bylaws are violated due to an over-
sight, the Board of Directors shall not fail to correct such oversight
as quickly as possible.

Montana District

7-116

To Restrict Boards to Assigned Duties
and Specified Powers

WHEREAS, The Handbook of the Synod clearly delineates the
responsibilities of the several boards of the Synod and limits their
sphere of responsibility and their authority in carrying out their re-
sponsibilities; and

Wuereas, A board assuming authority in an area not clearly as-
signed to it by the Synod could conflict in its actions with the other
boards of the Synod; and

WHEREAS, A board assuming the authority to operate indepen-
dently of the synodical guidelines to manage the affairs of an
agency or institution of the Synod could easily act in ways not ap-
proved by the Synod; and

WHEREAS, A board assuming greater authority and responsibil-
ity than that granted by the Synod could easily lead to conflict be-
tween the boards, agencies, and institutions of the Synod; and

Wuereas, A board assuming greater authority and responsibil-
ity than that granted by the Synod could easily lead to litigation
with those within or outside of the Synod; therefore be it

Resolved, That boards of the Synod conduct their business in
strict accord with the provisions of the synodical Handbook; and
be it further

Resolved, That boards of the Synod and their staff be urged to
avoid conflict with other boards of the Synod in carrying out their
duties; and be it finally

Resolved, That boards and their staff not assume responsibili-
ties not specifically granted them under the provisions of the syn-
odical Handbook.

Faith
Chesapeake, VA

2001 Convention Workbook