Questions and Answers

Question: What is a corporation sole?
Answer: A corporation sole is an office consisting of one person only, and his successors in some particular position within the Body of Messiah/Christ or religious order to give them sole legal capacities and advantages, particularly that of perpetuity, which in their natural person they could not have had.

Question: What is an office of corporation sole?
Answer: The office of a corporation sole is an official position of a person succeeding one another in some official positions [officeholders] within the church/ministry for the work of the ministry. Example: Pastor, Elder, Bishop, Apostle, Evangelist, Prophet, Overseer

Question: What is a corporation sole formed for?
Answer: Corporation Sole may be formed to acquire, hold and dispose of church or religious society property and for the benefit of religion, for eleemosynary (charity), works, for education and for public worship.

Question: Is the ministry/church incorporated?
Answer: No. The office is incorporated, not the church/ministry, nor the congregation.

Question: Is there by-laws in a corporation sole?
Answer: No. The corporation sole does not have the requirements of a corporation (i.e. 501c3). It does not have by-laws, a board of directors, officers, stock, stockholders, official minutes, or corporate name. The reason being it simply is NOT a corporation as in business corporations. Private Canons can be used within the church members, but they are separate from the corporation sole office.

Question: Does the corporation sole have a charter/articles of incorporation?
Answer: The older corporation soles are devoid of a royal charter or other formal authorization characteristics. Since then the state acknowledgment later became an alleged requirement, or at least a state policy, a theory had to be developed to justify the corporation sole existence of the ancient church.

Question: How are the articles of incorporation sole written?
Answer: They can be written by following the statutes of the particular state or they may be written out of the ecclesiastical, canon law. If they are written out of the state statutes, they are a corporation sole of the state. If they are written out of the canon law, they are pre-dating of its existence of an ancient religious order.

Question: Can a corporation sole receive donations and give tax deductions?
Answer: Yes. Because a corporation sole is in the same status [standing] as a 501c3 corporation according to the IRS code as a non profit organization, it can receive and give tax deduction receipts.

Question: Can a corporation sole be formed to do business?
Answer: NO! There are a lot of promoters that are making wild claims that corporation sole can be used for business. In reality the IRS will look at this as sole proprietorship or at least a business trust. In both cases the taxation benefit is totally lost. A true corporation sole is not an entity or organization and is not for doing business.

Question: Can a corporation sole be formed for estate planning?
Answer: NO! There are a lot of promoters that are promoting corporation sole as an estate planning tool. A corporation sole is not an instrument for estate planning.

Question: Can a corporation sole be used for reducing income tax?
Answer: NO! There are a lot of promoters promoting corporation sole illegally stating that their income would be tax exempt. They are using them for tax evasion. There have been lawsuits filed and indictments made on these bogus tax scams promoters.

Question: Can anyone be a corporation sole?
Answer: NO! There are a lot of promoter’s prorogating that anyone can be a corporation sole. This is not true. As stated above, a corporation sole is an office for those in ministry/church doing religious works as a non-profit status and not for personal gain.

Question: Can the corporation sole purchase property?
Answer: Yes. Holding property for church in the corporation sole is one of the purposes for establishing a corporation sole. This includes: Parish home, church, vehicles, etc.

Question: If I am in ministry as a corporation sole and my spouse is my successor and I die, and she succeeds my office. When she dies, how will she get our asset to our children (heirs)?
Answer: If you have heirs to pass your personal assets to, an Irrevocable Canon Law Trust can be formed for estate planning. Your children/heirs are the beneficiaries, thus receiving your personal assets by your directive.

Question: If I am presently a 501c3 corporation and desire to be a corporation sole, can this be accomplished?
Answer: Yes. According to IRS publication 557 under heading “dedication and distribution of assets of the 501c3 corporation it states that if you dissolve the 501c3 corporation, you must donate the assets to another exempt purpose Described in this chapter, or to the federal government or to a state or local government for a public purpose.” In chapter three, page 15 of publication 557 those that are exempt automatically if they meet the requirements of the 501(c)3 section of the IRC, Include: churches, interchurch organizations, auxiliaries of church…..” IRS publication 1828 states on page 3, “Churches may be legally organized in a variety of ways under state law, including ….. corporation sole.” The IRS is stating that a church is recognized as the same status as a 501(c)3 corporation that is under a corporation sole. Thus the assets of the 501(c)3 corporation can be donated to the corporation sole without loss of assets.

 Corporate Sole Facts Page 2, Continued