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You are here: Home / How To's / Is Your Church Legal? A Guide to Incorporating and Registering a New Church

Is Your Church Legal? A Guide to Incorporating and Registering a New Church

October 13, 2025 by Staff How To's

Is Your Church Legal?
Is Your Church Legal?
Adobe Stock #432887408

To apply, you’ll file IRS Form 1023 or the simplified Form 1023-EZ. The process can take several months, but it’s worth the effort for long-term stability. Remember to keep accurate financial records from day one. Transparency not only honors the law but also builds trust with your congregation.

Billy Graham once said, “When wealth is lost, nothing is lost; when health is lost, something is lost; when character is lost, all is lost.” Legal and financial integrity is an expression of that character.

Creating Policies for Governance and Protection

Beyond the paperwork, churches should establish policies that safeguard both people and ministry. These may include child protection guidelines, conflict-of-interest policies, and procedures for handling finances and benevolence funds.

Insurance coverage is another essential step. At minimum, churches should carry general liability insurance, property insurance (if they own or rent space), and directors and officers (D&O) coverage for leadership. These safeguards help protect the congregation and its leaders from unforeseen circumstances.

RELATED: 7 Church Planting Mistakes to Avoid

Additionally, consider creating a written statement of faith and membership covenant. While these documents express your theological convictions rather than legal requirements, they provide clarity in moments of potential dispute and demonstrate consistency in doctrine and practice.

Practical Steps: How to Legally Start a Church

The process of how to legally start a church can be summarized in six major steps:

  1. Pray and Plan – Begin with spiritual discernment and a clear mission statement.

  2. Assemble a Core Leadership Team – Gather committed believers who will help form your board and ministries.

  3. Choose a Church Name and Incorporate – File your articles of incorporation with your state government.

  4. Draft Bylaws and Policies – Clarify leadership, membership, and governance structure.

  5. Apply for Tax-Exempt Status – File with the IRS for 501(c)(3) recognition.

  6. Open a Bank Account and Establish Recordkeeping – Keep meticulous records of finances, minutes, and major decisions.

Each step reinforces the church’s credibility and long-term health. Skipping them may seem easier in the short term but can lead to confusion or liability later.

Biblical Wisdom for Modern Compliance

Romans 13:1 urges believers to “be subject to the governing authorities,” not as a burden but as a means of good order. By following the proper legal process, a church models respect for civil authority and demonstrates integrity before God and the community.

Legal incorporation doesn’t make a church holy—but it does make holiness easier to practice in the eyes of the world. A transparent, accountable structure ensures that what God has begun can flourish under wise stewardship.

Building a Lasting Legacy

If you’ve already planted a church informally, it’s not too late to formalize your structure. Many ministries begin as small gatherings and later incorporate once they grow. Taking the time now to handle the legal side of ministry will strengthen your witness and protect your mission.

A church that is both spiritually vibrant and legally sound stands ready to serve its community for generations. By understanding how to legally start a church, you’re not just filing papers—you’re laying a foundation of faithfulness, order, and integrity that honors God and inspires trust among His people. If your church plant is still in its early stages, gather your leadership team this week to begin the incorporation process. Reach out to a nonprofit attorney or a local ministry network for guidance. Doing things “decently and in order” (1 Corinthians 14:40) isn’t just good legal advice—it’s good discipleship.

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