Advisory Committee on Corporations

MANDATE 

Authorization

In accordance with The Manual of The United Church of Canada, Presbyteries (Sec. 336) and Conferences (Sec. 429) have responsibility for overseeing the operation of United Church corporations which function within their bounds. The corporations advisory committee, established by action of the Executive of Toronto Conference in February, 1997, acts on behalf of the Conference to carry out this task and, as a result of agreements with all Presbyteries in the Conference, offers advice to Presbyteries on corporation matters.

Membership of the Committee

There will be three (3) members of the committee. Members require some or all of the following skills:

• knowledge of incorporation matters, of by-laws and of the United Church Manual requirements;
• the ability to understand balance sheets and audited statements, and have the skill to identify potential problems; and
• experience and knowledge in the insurance industry.

Primary Functions of the committee

1. Regarding corporations supervised by Conference

The advisory committee on corporations shall:

a) receive and consider requests for incorporation from any body, the operations of which will extend beyond the bounds of one Presbytery and the objectives of which are in accord with the United Church as per Sec. 429.

b) ensure consistency with Appendix IV, advise the applying body of necessary changes and, in due course, make recommendation(s) to the executive secretary or the Executive of Toronto Conference. Such recommendation(s) will be made only after administrative approval has been received from the General Council office.

c) review the reports, audited statements and lists of directors submitted annually by corporations in compliance with Appendix IV; and advise the executive secretary that the documents have been reviewed, are satisfactory, and that copies should be forwarded to the General Council office.
d) recommend any necessary revision of by-laws of these corporations in order to maintain their effectiveness within the policies and procedures of The United Church of Canada.

e) receive and consider requests for approval of applications for supplementary letters patent, and/or amendments to existing by-laws, ensuring that the proposed changes are consistent with Appendix IV, and advising the executive secretary regarding the seeking of administrative approval for such requests from the General Council office and regarding the granting of administrative approval on behalf of Toronto Conference.

f) maintain a continuing liaison with United Church corporations for which Toronto Conference is the supervising court.

2. Regarding corporations supervised by Presbyteries

The advisory committee on corporations shall:

a) receive and consider recommendations from Presbyteries regarding applications for incorporation from any bodies which will operate solely within the bounds of a single Presbytery and for which the Presbytery will be the supervising court.

b) advise the executive secretary regarding the seeking of administrative approval for such applications from the General Council office, provided they comply with Appendix IV, and regarding the granting of administrative approval on behalf of Toronto Conference.

c) review the reports, audited statements and lists of directors submitted annually by corporations in compliance with Appendix IV. The advisory committee will solicit these documents, review and forward them to the Presbyteries with advice for specific Presbytery action.

d) recommend any necessary revision of by-laws of these corporations in order to maintain their effectiveness within the policies and procedures of The United Church of Canada.

e) receive and consider requests for approval of applications for supplementary letters patent, and/or amendments to existing by-laws, ensure that the proposed changes are consistent with Appendix IV, and advise the executive secretary regarding the seeking of administrative approval for such requests from the General Council office and regarding the granting of administrative approval on behalf of Toronto Conference.

3. General

The advisory committee on corporations shall:

a) report to the Conference or its Executive as required; the committee chair or representative shall be a corresponding member of the Executive.

b) provide advice with respect to corporation property.

c) ensure that the Supervising Court and the next higher Court provide prior written consent for any sale, transfer, leasing for a term of or exceeding five (5) years (including all rights of renewal), mortgaging, or acquisition of any real property or personal property.

d) provide guidelines and advice regarding dissolution of corporations.

The executive secretary shall be the staff person to this committee.

Approved by Toronto Conference Executive May 16, 1997
Revised by Toronto Conference Executive October 13, 1999