Legal Question in Business Law in California

Re: Non-Profit Religious organization

The first question I would ask is whether this religious corporation is one which operates under the mantle of a larger organization, i.e. one congregation in a national or worldwide faith. If so, the "church hierarchy" or whatever it would be called should and probably would be in a position to come to the assistance of a local incorporated congregation. However, since this is a rather obvious approach, I assume this is not the case.

The next question is whether your group has gotten ahold of a current and authentic copy of the bylaws. The bylaws should spell out the steps to be taken for appointment or recall of directors, the power of the board versus the president and other officers versus the membership at large, and so forth. Only by a careful reading of the bylaws in comparison with actions taken can one determine whether any act is contrary to the bylaws and hence invalid.

Ultimately, the Corporations Code spells out certain minimum standards and membership rights for corporations, including yours. You can review a copy at your county law library or many general public libraries. Look at sections 9110 et seq. regarding general provisions, organization and bylaws; 9210 et seq. regarding directors and management; 9310 et seq. re members; 9410 et seq. re voting; and 9510 et seq. regarding records, reports and rights of inspection.

Finally, you might consider buying or reading at the library one of the self-help law books on how to organize and operate a nonprofit corporation. Ultimately, this dispute may have to be settled by legal action, and you will need to retain a lawyer for that purpose. Is there one in your group?