mdtaylor

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Everything posted by mdtaylor

  1. No, the litmus test is whether or not his church has an established, published, doctrine. We all know what the ULC doctrine is and it will not survive any legal proceeding. If, on the other hand, he had previously established a church that displays the ULC name, and had formerly adopted a strict doctrine and his beliefs were upheld by that doctrine, then it might. With absolutely no documentation it's just not going to happen. Of course, that's just my opinion...
  2. Go find another job. he rule was in place when you hired on. You should have declined the job in the first place.
  3. Start by looking in the FAQ forum here in legal questions. Look at Non-profit And Irs 501©(3) Faq and Irs Information For Churches & Rel. Orgs. to start with. Of course, these are written so to apply to all states and you will have to disseminate the information to apply to your state. Legal assistance is always recommended. Once you have read those give us a ring back with specific questions. Perhaps there will be someone here from your state that can give you specific advice. Cheers.
  4. It is much easier to create a non-profit with 501c status right off the bat than try to obtain a 501c for a corporation that was set up without every T crossed and every I dotted with the intent to obtain 501c. Food for thought. But then, a ministry with the sole purpose of doing weddings may have a tough time qualifying as a 501c without some avenue to expend those funds in a charitable manner. Service agreements are fine as long as they do not attempt to circumvent the law or reduce liability where laws specifically lay responsibilities. Such a document is not required to be notarized under Texas law, but may very well be required to be in some states. It should definitely be witnessed. Someone knowledgeable with procedural law in your state would be of much greater information.
  5. You may find your answer in the FAQs here in this forum, but you might have to extract the info from longer less specific texts. The short answer is yes. You do have to pay taxes as YOU are not a church. You, even though a minister, are an individual and individuals must pay tax on any income you receive, even if it comes from a church. You do not need an EIN because you will simply use your social security number. You will report your income as a self employed person, reporting estimated quarterly income. Were you to employ others then that is a completely different situation. If you were to form a church then the church may have to get an EIN but your income from that church is still taxable to you as above but possibly as an emplyee. As always, this is not to be construed as legal advice as that should only come from a licensed attorney in your state of residence.
  6. No, I moved it here from another forum. Legal seemed the best place for it.
  7. As found in the Frequently Asked Question, Countries Other Than US, Canada..... You might consider applying to be a Marriage Commissioner. There is no special requirements other than a need for another marriage commissioner in the local area. You can then do the legal ceremony as a marriage commissioner simultaneous with the religious ceremony. No one will know the difference except maybe the couple. And maybe not them... There is also some information specific to some provinces but the accuracy of each is only as good as the last individual that advised us of inaccuracies. But it will point you to some places to make inquiries.
  8. Generally, the interpretation is "by any minister in the state", "resides in the state", "and is in good standing." This is not to say that NH may not interpret it differently should someone or something cause the wedding to come under the magnifying glass... The clerk is not going to be of any assistance unless NH requires ministers to be registered with the clerk. The clerk cannot interpret the law for you, only assist you in performance of proper procedures. (And registration only if NH requires registration.) Your best bet aside from legal advice from an attorney licensed to practice in NH, is other ULC ministers in the state. Hopefully there is someone here that is from NH, but I don't remember anyone. Most mainstream ministers will likely mock you for even thinking of doing this...so advice from them is usually useless. And, I don't recall any case law applicable to NH. If it were me, I would do it. But then I am a maverick and like a good fight... so am willing to take the chances others may not. Your mileage may (will) vary.
  9. Here is an interesting read of one of the WI statutes. The word bolded, italicized, and underlined was done so by me. The reason this is interesting is that the Supreme Court used this same buzz word to force states to issue handgun permits. When the statute read "the county clerk shall" that means that the clerk has no choice than to follow the law as written. There is no discretion of the clerk allowed here. Once the provisions of 765.02, 765.05, 765.08, and 765.09 are complied with, the clerk has no other action to take other than issue the license. You are correct that the minister must hold the letter of sponsorship at the time of the ceremony, and there is no provision for the clerk to even know who is performing the ceremony until the license is returned. Who is asking for or offering this information? Don't offer the information, and if asked say that you have not yet selected the minister. If the clerk still refuses then drop this statute citation and request the clerk cite which statute he is relying on to request the information and deny the license. That's probably as far as you will need to go with it. Once the clerk has someone citing the laws to them they almost always get an opinion letter from the AG themselves. Have you searched for any AG opinions on the subject? They are usually published and always available under the FOI act. Good luck, but I think your best bet is less information is better. Don't say who is performing the ceremony, or just say he is not yet been selected.
  10. It sounds like your friend did not leave an ARMORY at all. That my just be your interpretation. What he left you was a fine collection of vintage firearms, plus a few working guns. What you believe to be weapons take to your local LEO officer and donate them to be destroyed. The rest keep or sell at your choice with a clear conscious and no laws anywhere near being broken. He left you these thing because they have value and wanted the church to have the donation.
  11. Of course, I was speaking solely about the transfer of sale under the FEDERAL regulations, not individual states. Knowing your state laws is always a good thing.
  12. I didn't realize that. I'll have to look into it some more. My statement was, of course, based on my memory where I do not remember any spot on the 4473 where you can put an organizations name as opposed to an individuals. I do realize that once an individual is cleared by the FBI using the 4473, the firearm can usually be sold to anyone, or any organization, in a private sale occurring solely within the state. Bears more checking into.
  13. Same reason I need/want one. Fear of a government more powerful than the people. The difference is, as an individual I have a right to do that. As an organization that right does not exist.
  14. I don't recall seeing anything in any of the amendments of the Constitution that guarantee any rights to organizations. Only to individuals.
  15. First, a felon cannot be in possession of a weapon, period. That's possession, not own. Second, the only time an entity other than an individual can be the registered owner of a gun is when that entity is a federally licensed firearms dealer. Otherwise, the sale must happen to an individual. Now, having said that, if a STATE has registration requirements other than the Form 4473 required by the feds for the sale of a firearm, and it is called a registration, then other states rules may apply. The above only applies to the federal requirements of the sale of a firearm.
  16. Does that give you a starting place, or do I need to continue?
  17. Last I heard (and I don't listen very often mind you) is that 'permanently established' was interpreted in Ontario as permanently established IN CANADA. But that's just the email I received a couple of years ago.
  18. mdtaylor

    Texas

    Without giving any legal advice, I will tell you that many ULC ministers perform marriage ceremonies in Texas. They simply sign the license along with the others and return it to the county clerk that issued it withing the correct time frame. Visit your local county clerk, introduce yourself (be very professional) and ask them for a quick run down on the procedures. They will be glad to help you out. But, read the laws yourself in the Legal Forums FAQ section.
  19. It makes no difference if you are begging on the street, conducting bake sales, rummage sales, auctions, any other fund raising operation, or simply accepting donations from your congregation. If you want your donors to be able to deduct their donations to you from their personal (and if you score big money from businesses) income taxes, then you want to incorporate and obtain a 501c exemption. In the case of a business donor you can be assured that they will not donate unless it is tax deductible.
  20. Top of my head answer is, it is your legal responsibility to see that it gets there within the time frame required. Failure to do so could possible result in civil and/or criminal penalties (fine plus possibly jail time.) Who actually takes it there is of no consequence. Just make sure they did it. If you need a quote from the law we can get it for you, or you can see it for yourself in the pinned topic, FAQ, Marriage Laws - US States.
  21. You receive the DD upon ordination. If you want the actual certificate to hang on the wall you can pay the extra for it. You don't have to get it. The $20 helps defray the cost of production materials and staff.
  22. You should have a look at my topic "County Clerks. What are They Good For, (Absolutely Nothing)" It's really not absolutely true. They do have some function. And in some cases some enforcement authority as well. But in no case can County Clerks offer legal advice. Hence my topic title. So many people go to the county clerks in hopes of getting an interpretation of the law and wind up disappointed that they are told that the clerks office cannot help them, or find the clerks standing there with a confused look on their face like you have pigs flying out of your ears. County Clerks are simply that. CLERKS. They file paperwork. Usually that is the end of the story. In some cases they make determinations if one qualifies to be registered in that state to perform marriages. However, if you state does not require registration, don't be surprised if you get that blank state. If a state does not require registration (or licensing) then the clerk can certainly help you with the procedures for filing the paperwork correctly and in a timely manner, but that is the linit of what you should expect from them Anything more consider it a bonus, or that the clerk is overstepping the bounds of their authority. In states where registration (or licensing) is required, the clerks may know a little more, and may offer some insight as to the minimal qualifications ti become registered, but still cannot offer legal advice. They merely use the interpretation of their county attorney to determine whether of not documentation provided is sufficient to issue the license or registration. Don't let me leave you, or anyone, with the impression that county clerks have no value at all. They are really helpful in matters pertaining to procedures of getting, completing, and returning the license. I always advocate the collection of information from a multitude of sources when formulating my own legal opinions, even that of attorneys. The problem is, most state laws have NOT been challenged when it comes to matters of religion. Therefore, it is always a possibility that anyone could find themselves in the middle of a federal suit should any party to a marriage decides to challenge their spouse in a headstrong battle to the end. It is always best to make sure to remove all possible doubt prior to performing marriages. Either through prior case law, or documentation that you actually minister, on a regular basis, to someone other than your family members. And don't expect participation is an online group satisfactory to any judge, if the case comes up. Of course, that's just my opinion.
  23. I'm saying that on this forums (Legal Questions) main page you will find a pinned topic called Frequently Asked Marriage Laws - US States which contains links to the most official site offered by that state. Here at ULC Online try very hard not to lead someone down the wrong path even unintentionally and try to keep those links updated regularly. We only refer persons to those official sites.
  24. Which is why our forum here only points to the various states official annotated or statutory codified laws. But you are right. There is nothing worse than being referred to an outdated site.
  25. I agree. You should apologize (to your employer, that is.) You should only conduct yourself as your employer sees fit when you are on his property, whether you are within your designated work hours or not.