When forming a congregation or ministry, there are several aspects of church law that you should become well-versed in if you are to succeed with few, if any, legal repercussions.  These include the process of incorporation, the means by which the church is governed, the way in which church employment is handled, and the responsibilities of church leaders in regards to the confidences and needs of the members of the congregations.

Then, there are issues with incorporating the church and forming a tax-exempt organization, if that is what you desire. Some church leaders see advantages in doing so because members and patrons can make donations that they can feel confident about deducting from personal tax returns.

Church law is also very specific as to the payment of employees and the status of their employment.  There are several rules and regulations regarding the tax obligations of the ministers, assistants, and others who are considered employees.  There are laws regarding the reporting of use of church vehicles by individuals and exempting any value for personal use. There are even regulations as to loans provided to members of the clergy or other church employees regarding taxation, responsibility of the church organization, and how all of it is to be reported to the IRS.

In regards to the governing of the church, by laws and a constitution may be written even prior to incorporation, and these are adhered to in decisions that must be made for the congregation.  Either an ecclesiastical tribunal--Elders and ministry leaders--or, a board of trustees, typically forms these regulations, and a copy is provided to the government with all tax exemption documentation and other incorporation request documents.

The most important part of church law is determining how to treat certain circumstances with members of the church.  It is necessary to know when it is required to maintain privileged information as a secret and when something is detrimental to society or to a church member’s physical or mental health so that the instance can be reported to authorities.  There are certain members of the church who are obligated to report instances of abuse or other harmful acts, regardless of the privileged relationship between minister and worshiper.  Knowing the laws that protect you in these instances could save someone’s life.

If you are starting a church for the first time, or even if you've had a ministry but were unsure of the legalities that went with starting a Christian church in America, I have just what you need. It's called Building On Faith: Everything You Need To Know About Starting Your Own Church. It's the gold standard in use today by new churches nationwide, and it's written by Abe Hernandez, Esq., a devoted Christian and church law expert. You owe it to yourself to take a closer look.