This bill amends sections 35-1-9 and 35-1-10 of the Code of West Virginia, 1931, to clarify the powers of religious organizations regarding property transactions. It specifies that the trustees of churches, religious sects, societies, or denominations can borrow money, sell, convey, and encumber property when directed by the appropriate ecclesiastical authority or a majority of the members over eighteen years of age. The bill also introduces a distinction between incorporated and unincorporated religious organizations, stating that incorporated entities will follow their articles of incorporation and applicable nonprofit corporation laws for property transactions, rather than the provisions outlined in these sections.

Additionally, the bill modifies the notice requirements for property conveyances and encumbrances. It mandates that unincorporated religious organizations must publish a notice describing the property and the intended transaction, which can be done through legal advertisement, reading at services, or physical posting in conspicuous locations. The bill also clarifies that incorporated organizations are exempt from these notice requirements and must adhere to their own governing documents. Overall, the bill aims to ensure continuity of title, protect third parties, and facilitate a transition from trustee-based governance to corporate governance for religious organizations.

Statutes affected:
Introduced Version: 35-1-9, 35-1-10, 35-1-10a
Committee Substitute: 35-1-9, 35-1-10