§ 206. Termination and dissolution of churches of the General Assembly
of the Christian Church (Disciples of Christ), Inc. whose churches are
individually known as "Christian Church (Disciples of Christ)" or
"Church of Christ (Disciples of Christ)" and affiliated religious
societies and the disposition of the real and personal property of such
churches and/or affiliated religious societies. 1. Any incorporated or
unincorporated church of the "General Assembly of the Christian Church
(Disciples of Christ), Inc." whose individual churches are known as
either "Church of Christ (Disciples of Christ)" or "Christian Church
(Disciples of Christ)" and any religious society or organization
affiliated with the "General Assembly of the Christian Church (Disciples
of Christ), Inc." or a "Christian Church (Disciples of Christ)" or
"Church of Christ (Disciples of Christ)" desiring to disband,
disorganize and become extinct and if incorporated, to dissolve the
corporate entity, shall accomplish the above objectives by an
affirmative vote of two-thirds of the members present and voting at a
special meeting called for the specific purpose of accomplishing one or
more of the above objectives, namely, the extinction of the church
and/or religious society and the disbandment of the church and/or
religious society and the dissolution of the corporate entity, if the
church and/or religious society is incorporated.
2. Any incorporated or unincorporated church of the "General Assembly
of the Christian Church (Disciples of Christ), Inc." whose affiliated
individual churches are known as either "Church of Christ (Disciples of
Christ)" or "Christian Church (Disciples of Christ)" and any religious
society or organization affiliated with the "General Assembly of the
Christian Church (Disciples of Christ), Inc." or an affiliated "Church
of Christ (Disciples of Christ)" or a "Christian Church (Disciples of
Christ)" shall be considered extinct when such church or society has not
held religious services and/or conducted activities according to the
customs and usages of the "General Assembly of the Christian Church
(Disciples of Christ), Inc." of which said church or religious society
is affiliated for a period of six consecutive months or has less than
twenty-five active members attending regular weekly or monthly meetings
and making regular weekly or monthly contributions toward the support of
said church or religious society.
3. (a) Upon such notice as the supreme court in the judicial district
where the church property or the religious society property is situated,
may prescribe and upon application made by petition of the officers or
the board of trustees or five members of such church or religious
society, stating fully the facts in the case and on evidence being
furnished, including but not limited to appropriate affidavits that the
conditions as set forth in subdivision one or two above have been
established and are currently existing, upon satisfactory proof of the
facts leading to said application, the court shall have jurisdiction to
grant an order declaring the church or society extinct and the corporate
entity dissolved if the petitioner is a religious corporation and said
order shall direct the transfer of both real and personal property of
the petitioner to the CHRISTIAN CHURCH (DISCIPLES OF CHRIST) -
NORTHEASTERN REGION, INC. or direct that the real property and personal
property be sold and that the proceeds be paid over to the CHRISTIAN
CHURCH (DISCIPLES OF CHRIST) - NORTHEASTERN REGION, INC. after the full
payment of all liens on the real property and of all of the outstanding
debts of the petitioners.
(b) Such order shall operate to transfer the interest of such extinct
church and/or religious society in such property or proceeds to the
CHRISTIAN CHURCH (DISCIPLES OF CHRIST) - NORTHEASTERN REGION, INC.
(c) The order shall also direct that the real property and personal
property or the proceeds obtained from the sale thereof after the
payment of all of the debts, obligations and liabilities of the
petitioner, shall be used by the CHRISTIAN CHURCH (DISCIPLES OF CHRIST)
- NORTHEASTERN REGION, INC. exclusively for the purpose or purposes for
which the CHRISTIAN CHURCH (DISCIPLES OF CHRIST) - NORTHEASTERN REGION,
INC. was organized and incorporated.
4. Nothing in this section, however, shall be construed to impair or
in any way effect any existing claim upon or lien against any property
so transferred or conveyed to the CHRISTIAN CHURCH (DISCIPLES OF CHRIST)
- NORTHEASTERN REGION, INC. or any action or legal proceedings that may
be pending at the time of the transfer referred to herein.
5. (a) The use of proxy or absentee ballots shall not be used relative
to any resolution involving matters set forth in subdivisions one and
two of this section unless the use of such proxy or absentee ballots is
authorized in the constitution and by-laws of the church or religious
society proceeding under the provisions of subdivisions one and two of
this section.
(b) The relief sought in subdivisions one and two of this section must
be accomplished by formal action taken at a special meeting of the
congregation of the church or of the members of the religious society
called for such purpose. (See Article 10 Section 194 - "Time, Place and
Notice of Corporate Meetings".)
(c) To vote at any meeting held to accomplish the purposes of
subdivisions one and two of this section, persons otherwise qualified to
vote must be at least eighteen years of age.