Policy for Disbursement of Congregational Assets
The Eastern Synod of the Evangelical Lutheran Church in Canada (the “Eastern Synod”) Constitution provides that those congregations that are viable and sustainable have the authority to control their own income, expenses and assets. This assumes, of course, that these congregations satisfy applicable regulations and legal requirements (e.g. CRA1 , trust law2, etc.) as well as other congregational and synodical constitutional and policy requirements.
Questions frequently arise about the disbursement of any remaining assets, including land and buildings, when a congregation is no longer viable and approaching (or has reached) the end of its life. At times these assets can be quite significant in size. In response, the Eastern Synod enacts this policy to address those questions and to provide direction to congregations within the Eastern Synod.
Congregations That Have Disbanded
Assuming that Article 5, Section 4 from the model constitution is included in the congregation’s constitution, in the case of a congregation that has disbanded, the congregation has determined that all assets vest with the Eastern Synod: