Legal Question in Business Law in California
The pastor of a church passed away. On the Articles of Incorporation he is the initial agent, no other members of the organization are named. A new pastor has been installed. How do we amend it with the new agent?
2 Answers from Attorneys
If you are just wanting to make the new Pastor the agent for service of process for the corporation, then you would need to file a Statement of Information with the Secretary of State. If the Articles or By-Laws have any other procedure specified, then you would need to follow the by-laws. Also, anyone can be designated as the agent for service of process for the corporation, not just the pastor.
When the church was initially formed as a nonprofit corporation, you were required to designate an initial agent for service. After that, the church reports changes in the information using this form: http://www.sos.ca.gov/business/corp/pdf/so/corp_so100.pdf.
The process for electing officers and designation the agent for service are probably listed in the Bylaws. If not and your church is part of a major denomination, there is likely something in other church governing documents that tells you how to select a new agent.
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