Your congregation’s legal Articles of Incorporation and/or Bylaws should be reviewed. Many legal aspects of your congregation are defined by these articles, and they may be out of date or include provisions you wish to change before or after disaffiliating.
Articles and bylaws vary from congregation to congregation and are often regulated by state/provincial and federal requirements, so no one solution applies. Consult with your lawyer.
Articles and bylaws usually define your congregation’s legal corporation as being part of the CRCNA, abiding by Church Order. Thus disaffiliation would require amending the Articles in any case. Some will even have rules and guidance about the process for disaffiliation.
And, if your church name includes “Christian Reformed,” that will need to be changed, along with a revision to the Articles, bylaws, and other documents and policies.
Usually, CRC congregations’ Councils serve as the corporate trustees who control all property. This varies in the US and Canada. Your Articles of Incorporation or bylaws may define what should happen to property in case of an internal schism. Often the traditional language has been that any group that wishes to remain with the CRCNA can claim all property, and dissenters may simply leave.
Example questions for reviewing Articles of Incorporation
Who defines the interpretation of Church Order for your congregation (e.g., Synod or your Council?)
Who has authority to name your trustees (e.g., can classis depose your trustees without input from your congregation?)
What happens to assets in case of an internal split?
How are decisions made? For example, how much notice is required for congregational meetings? Must voting be done in person or is Zoom/absentee voting allowed?
Are there stipulations about what happens if a vote for disaffiliation passes?
Many US congregations in the first wave of disaffiliating congregations have worked with the same lawyer. For contact information please reach out to firstwavesteering@gmail.com to see if this would also be a good fit for your congregation.
Canadian churches can reach out to the Canadian Centre for Christian Charities which can provide resources and assistance to churches who are seeking greater clarity on navigating these issues. Visit this site on denominational transitions, or please feel free to call or email with your questions - mail@cccc.org or 519.669.5137