CORPORATION SOLE
The ESSENTIALS
CHOICE of NAME
Make sure that the name chosen will fit on cheques and bank accounts: there is an electronic maximum these days of 31 characters (including spaces). It should also fit legibly on a corporate seal.
Provide the name of the Church or other organisation under which the Office operates and whose doctrinal statement is followed.
If you would like to be established as an OFFICE within an existing CHURCH ORGANISATION, we can arrange this for an extra annual fee (see Church Connection charge below).
If you would like a suggestion for a BALANCED NAME (i.e. one that is mathematically/numerologically correct or advantageous) there is an extra charge for this (see Name Advisory charge below).
NAMES
The name chosen for the corporation should be that of AN OFFICE and not the name of an individual or corporation. For example: "The VICAR of WAKEFIELD", not "JAMES BROWN" or "The BROWN CORPORATION". Alternatively, although this is more cumbersome, the name could be a proper name, followed by the title of the office:-
"The Most Rev. James Brown, Vicar of Wakefield" (This advice is rarely - if ever - given by other sources: in a court of law, a wrongly named corporation sole is unlikely to be considered validly constituted)
(a) Name of the Corporation Sole [see "Choice of Name" above]
(b) (Actual) Name of the Registered Agent, or actual owner, which should preferably be written in common law fashion, i.e. -
Albert-Neil: Other ........ or ........ James: Brown
(c) Name of the Secretary
(d) Name of your Successor [OPTIONAL]
ADDRESS
The MAILING address of the corporation and that of the Registered Agent are required. If the actual RESIDENTIAL address of the Registered Agent is not a street address, the street address must also be given.
NOTICE
The NOTICE should be published THREE times in the Public Notices (Legal) section of a local newspaper. You will notice the regular occurrence of 'THREE times' in biblical texts as a numerical requirement for the completion of certain acts. In your jurisdiction this might be different, but unless you actually have to register in your jurisdiction, this is the recommendation. Alternatively, you could post this permanently on the Internet, which would provide worldwide coverage at minimal cost (currently $100).
That portion which must be advertised as a PUBLIC NOTICE is provided to you separately from the Articles, and may also be provided to you electronically (using MSWord 7.0), if so requested.
EFFECTIVE DATE - SIGNING DATE
Confirm the operational date of the Corporation Sole - i.e., the date on which it commenced business.
The date of actual signing of the Articles has been left blank, unless a specific date is requested in advance, as ALL four individuals have to sign the document simultaneously (i.e., on the same date).
The MEANING of LATIN TERMS
The meanings of Latin terms used in this document are as follows:-
| ex officio | "by virtue of (his holding) the office" |
| lex non scripta | "unwritten law", common law |
| suae potestate esse | "having full power over one's own dominions" |
| sui juris | "in my own right" |
BANKING
The Bank will request a copy of your Charter. They might classify it as a "sole proprietorship" for banking purposes. Enquire whther they have an alternative and ensure that this cannot become a legal classification. The name of the account should appear as follows: Line 1 - the corporation name, Line 2 - "A Corporation Sole". Your name does NOT appear.
An account which bears no interest does not require a S.I.N. number, according to the Privacy Commissioner of Canada, but examine closely ANY document which a bank gives you to sign .... you might find these days in the small print an agreement to pay income tax!! Make sure you delete this and initial the change before signing.
In the U.S.A. if the IRS Form SS-4 is completed to obtain an EIN, it is made clear that the corporation sole is: a) mandatorily exempted from filing; b) is applying for an EIN for banking purposes only; and c) application is being made for a NONREPORTING EIN - and this we actually can do for you electronically.
CORPORATE SEAL
The corporate seal is an extra cost. As it is relatively heavy for mailing purposes, it is best to acquire this locally. The price is about $35, and we will provide you with exact directions for ordering this corporate seal, which has to be affixed to the Charter document when it is signed.
COST
You may have found the cost of establishing a Corporation Sole as high as $5,000 US (some report it as high as $10,000) - even more if you have to take a course to understand it. We provide this understanding in the form of a Guide on the Internet - free of charge! We would like to charge such prices, but we are not strictly a business and wish to provide the highest quality service at minimal cost, with ongoing support.
Our version of the common law Corporation Sole is the most comprehensive available, free of typos and legal errors, which have often been found in alternatives offered, and has been highly praised in the legal community.
| Formation Charge: | $2,200 CAN | $2,200 U.S. |
| Name Advisory | $1,000 CAN | $1,000 U.S. |
| Church connection | $250 CAN p.a. | $250 U.S. p.a. |
The only extra costs involved will be that for the corporate seal (see above - about $35) and the advertising, which you can do yourself in a local newspaper - not necessarily a national newspaper, or on the Internet - which currently costs only $100 US. We provide all the documentation and guides necessary, including a history of the Corporation Sole, and a recommendation on the opening of a bank account.
WHAT YOU RECEIVE FROM US
- Initial Consultation: This can be by e-mail or telephone, answering questions and defining certain points, helping to ensure that the name you have chosen is a satisfactory one.
- Documentation: Normally within 24 hours of receiving or finalizing your application and payment, we will send you TWO 'original' double-sided copies of your Charter on Parchment Paper, TWO 'original' double-sided copies of your Charter on high quality paper, plus one single-sided copy on high quality paper for ease in future reproduction. You also receive a "Welcome" letter with notes and reminders about signing requirements and other matters.
- EIN (in USA): We can apply on your behalf for your NON-REPORTING EIN, if you so desire.
- Public Notice: We include in your package a copy of the actual Public Notice which you should advertise in the (local) press - unless you have requested that this be advertised on the Internet, in which case the reference location and number allotted to that Internet advertisement will be included on page 1 of your Charter.
- Ongoing Support: You may contact us in the future about any matter that arises, or subsequent changes that may have to be made (address, Successor etc).
- Reference Material: You have ongoing free access to the extensive reference library on the website which we maintain. This is updated on a regular basis.
- Introduction Commission: When you recommend our form of Charter to others, remind them to put your name in the appropriate box of the Application Form, so that we can send you the $200 US commission on introductions, once their payment has been received!
It is recommended that you consider rewriting your Last Will and Testament to include the appointment of your successor - or even write it into the Charter.
If you request the creation of documents in contradiction to these recommendations, they will indeed be prepared and sent to you - but you may regret not taking the advice given freely herein! That is your prerogative.
Our standard Charter states that the Province/State/Region concerned has no authority to register a church or spiritual assembly: we therefore ignore the possibility that they have legislation enacted which is outside their authority. The Charter is issued under canon, ecclesiastical, divine or spiritual law rather than temporal law.
If you want to use this Charter outside of the Province/State/Region named in the Charter, you can obtain under the Hague Convention of 1961 an "Apostille" - usually from your local Secretary of State imprinted upon a copy of the Charter, which makes it legally acceptable in any country of the world which was a signatory to the Hague Convention of 1961. Our Charter consists of 5 pages, with space left blank for the Apostille, if necessary.
OTHER THAN THE APPLICANT
 |
Return to CONTENTS Page or go to the APPLICATION Form © Dr Milson Macleod Jan 2000 |