Collection › LCMS Commission on Constitutional Matters — Minutes (St. Louis, Missouri) › 1970–1974 › Page 3
LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — May 4-5, 1972, Page 3
Source: LCMS Commission on Constitutional Matters minutes, file copy
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Transcription machine transcription, uncorrected
time limit on appeals. No further word having been received from President Ellerman, the Commission
resolved to approve the letter of the Secretary and to drop the matter from its agenda.
107. Canadian Fellowship (Ag. 302A): Dr. Ralph Bohlmann of the CTCR had since the last meeting
called the Commission's attention to the fact that its ruling regarding the question of Canadian fellowship
had not really met the pointed issue, namely, whether the Synod itself could declare fellowship with only
one section (The Lutheran Church - Canada Section) of a church body. After considerable discussion and
with one negative vote the Commission ruled that under its present bylaws the Synod cannot establish
fellowship with a "section" of another church body unless that section can come within the definition of
"church bodies, synods, or federations," as used in the following sentence of Bylaw 1.21: "Only a
delegate convention of the Synod shall authorize affiliation or association of the Synod with other church
bodies, synods, or federations, and the discontinuance of such affiliation or association." From the
information that the Commission on Constitutional Matters has, the Lutheran Church in America Canada Section apparently is not so autonomous and independent of the Lutheran Church in America that
it could be classified under "church bodies, synods, or federations."
108. Model Paragraphs for District Articles of Incorporation: With legal counsel Phil Draheim present the
Commission decided to adopt as models the following paragraphs on objects (memo from Herb Kuenne
re Northern Nebraska District) and dissolution (paragraph from Southern Nebraska District Articles of
Incorporation):
OBJECT
The object of this association shall be to unify in a corporate body the congregations, pastors,
and teachers who are members of The Lutheran Church - Missouri Synod situated or residing
within the geographical bounds of the Northern Nebraska District.
DISSOLUTION
In the event of dissolution all assets remaining after the payment of the debts of the corporation
shall be distributed to The Lutheran Church - Missouri Synod.
If, however, on the date of such proposed dissolution, The Lutheran Church - Missouri Synod,
A Missouri Corporation, or its successor is no longer in existence, or shall not be operated
exclusively for purposes specified in or shall not otherwise qualify under Section 501 (C) (3) of
the Internal Revenue Code of 1954, as the same may hereafter be amended and supplemented,
then in such event the assets of this corporation, under its dissolution and liquidation, shall be
transferred, conveyed, and distributed to such other nonprofit organization or organizations as
may be provided by Nebraska law, but in any event, each such distributee organization shall be
organized and operated exclusively for purposes similar to those for which this corporation is
organized and shall further be exempt under the provisions of Section 501 (C) (3) of the Internal
Revenue Code of 1954, as the same may hereafter be amended or supplemented; it being
understood that in no event shall the assets of this corporation upon its dissolution and
liquidation be distributed for purposes and uses other than those set forth in Section 501 (c) (3)
of the Internal Revenue Code of 1954, as the same may hereafter be amended or supplemented.
108a. Assignments: The following assignments for review of District Articles of Incorporation and
Bylaws were then made:
Texas (Ag. 6 and 234), Missouri (Ag. 9), California-Nevada (Ag. 11 and 132): Sommermeyer
Ohio (Ag. 236): Luessenhop