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COLORADO

ARTICLE 50
RELIGIOUS, EDUCATIONAL, AND BENEVOLENT SOCIETIES
7-50-106. Property vests in corporation.

Statute text
Upon the due and lawful incorporation of any congregation, parish, church, or society, such corporation shall be entitled to all the real and personal property held by any person or trustees in trust for the use of the members thereof and immediately upon incorporation shall be entitled to a deed of conveyance to be executed by the person holding such property in trust, in order to vest the title thereto in the corporation. Such deed of conveyance shall state the object and purposes of the trust to be carried out according to the purpose and intent of its creation, which deed shall be recorded after the manner of conveyances in general, so that the title and trust declared may duly appear of record. Any self-supporting congregation, parish, church, or society may vest its real estate and personal property in such general incorporations as are provided for in section 7-50-109; except that, if the authorities of any church, sect, or religious body have caused a corporation to be formed for general missions and other purposes, as provided in this article, and it is in accordance with the usages and customs of the church, sect, or religious body to vest the property of mission stations in such corporation, then all such property that may have been held by any person or trustees for the use of the mission stations shall be vested in said general corporation; and whenever any mission station, from change of population or other cause, is suspended or abandoned, the general corporation, in its discretion, may sell or otherwise dispose of all such mission property, the proceeds of such sale or disposal to be used for the benefit of said church, sect, or religious body in the state of Colorado.

History
Source: G.L. § 232. L. 1881: p. 65, § 1. G.S. § 375. R.S. 08: § 1023. C.L. § 2389. CSA: C. 41, § 182. CRS 53: § 31-21-6. C.R.S. 1963: § 31-20-6. L. 2003: Entire section amended, p. 2212, § 43, effective July 1, 2004.

Annotations
ANNOTATION

Annotations
Am. Jur.2d. See 15 Am. Jur.2d, Charities, §§ 32-35; 66 Am. Jur.2d, Religious Societies, § 36.
C.J.S. See 77 C.J.S., Religious Societies, §§ 53-59; 78A C.J.S, Schools and School Districts, § 812.
"Formal title" approach to resolving church property disputes. In resolving church property disputes, the appellate court applies the neutral principles approach, specifically the "formal title" approach. On this basis, the court can determine ownership by studying deeds, reverter clauses, and general state corporation laws. Dickey v. Snodgrass, 673 P.2d 51 (Colo. App. 1983).

7-50-107. May take, hold, and convey property.

Statute text
Domestic and foreign religious, educational, charitable, and literary corporations or associations operating within the state may take by gift, devise, or purchase, and hold and convey real and personal property. All gifts, devises, and grants made prior to March 14, 1877, to such corporations or associations are hereby ratified.

History
Source: G.L. § 235. G.S. § 378. R.S. 08: § 1024. C.L. § 2390. CSA: C. 41, § 183. CRS 53: § 31-21-7. C.R.S. 1963: § 31-20-7.

Annotations
ANNOTATION

Annotations
Am. Jur.2d. See 15 Am. Jur.2d, Charities, §§ 118, 119; 18B Am. Jur.2d, Corporations, § 2045; 66 Am. Jur.2d, Religious Societies, § 34.
C.J.S. See 14 C.J.S., Charities, § 64; 77 C.J.S., Religious Societies, § 53(b); 78A C.J.S., Schools and School Districts, § 812.
Law reviews. For article, "Restrictions on Charitable Gifts in Colorado", see 23 Rocky Mt. L. Rev. 434 (1951).
"Formal title" approach to resolving church property disputes. In resolving church property disputes, the appellate court applies the neutral principles approach, specifically the "formal title" approach. On this basis, the court can determine ownership by studying deeds, reverter clauses, and general state corporation laws. Dickey v. Snodgrass, 673 P.2d 51 (Colo. App. 1983).
A library association is educational and therefore within the terms of this section; consequently, it may take property under a will. Tomay v. Crist, 75 Colo. 437, 226 P. 156 (1924).
Foreign corporation may act as trustee of charitable trust. A foreign corporation, if it possesses by the law of its creation the requisite power so to do, may act as trustee of a charitable trust where the subject matter thereof is personalty and may take lands as such trustee where not prohibited by the law of the state wherein the land is located. This section contains no such prohibition; rather, this section on its face is one of authorization to foreign as well as domestic corporations operating within the state. Galiger v. Armstrong, 114 Colo. 397, 165 P.2d 1019 (1946).
Charitable organization may execute charitable trust. A charitable organization, being authorized to take, receive, and hold gifts for charitable purposes, is also capable of executing a charitable trust. Clayton v. Hallett, 30 Colo. 231, 70 P. 429 (1902); In re Estate of Forrester, 86 Colo. 221, 279 P. 721 (1929).
7-50-109. Incorporation of synods, conferences, episcopates, etc.

Statute text
If any body of Christians has an organization according to its order or mode of government, whether known as synod, presbytery, conference, episcopate, or other name, with ecclesiastical or spiritual jurisdiction over its members throughout this state, and its authorities desire to engage in works of education, benevolence, charity, and missions, which works shall be of like extensive operation and benefit and not of limited or local service, and they shall deem an incorporation convenient for the more successful administration of said works, its said authorities, with such persons as they may associate with them, may cause such incorporation to be formed in the manner and with the powers provided for the incorporation of a church, congregation, or society.

History
Source: G.L. § 234. G.S. § 377. R.S. 08: § 1026. C.L. § 2392. CSA: C. 41, § 189. CRS 53: § 31-21-9. C.R.S. 1963: § 31-20-9.

Annotations
Cross references: For the incorporation of joint stock companies for religious, educational, and benevolent purposes, see § 7-51-113.

Annotations
ANNOTATION

Annotations
Am. Jur.2d. See 66 Am. Jur.2d, Religious Societies, §§ 6, 7.
C.J.S. See 77 C.J.S., Religious Societies, § 7.
7-52-101. Execution of articles of incorporation.

Statute text
The archbishop, bishop, president, trustee in trust, president of stake, president of congregation, overseer, presiding elder, or clergyman of any church or religious society who has been duly chosen, elected, or appointed in conformity with the constitutions, canons, rites, regulations, or discipline of said church or religious society and in whom shall be vested the legal title to the property of such church or religious society may deliver articles of incorporation to the secretary of state for filing pursuant to part 3 of article 90 of this title. The articles shall contain the name of the corporation, the purpose of the corporation, and the name and title of the person in whom is vested the legal title to the property.

History
Source: L. 67: p. 866, § 1. C.R.S. 1963: § 31-25-1. L. 2003: Entire section amended, p. 2214, § 48, effective July 1, 2004. L. 2004: Entire section amended, p. 1406, § 24, effective July 1.

Annotations
ANNOTATION

Annotations
Am. Jur.2d. See 66 Am. Jur.2d, Religious Societies, §§ 3-7.
C.J.S. See 18 C.J.S., Corporations, § 5; 77 C.J.S., Religious Societies, §§ 7, 31.

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