Legal status of Stake Presidents

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blazerb
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Legal status of Stake Presidents

Post by blazerb » Sun Mar 13, 2022 5:05 pm

So, if I understand correctly, there are two legal entities known as "The Church of Jesus Christ of Latter-day Saints." One is the corporation sole that consists of Russell Nelson that was previously known as "The Corporation of the President of the Church of Jesus Christ of Latter-day Saints." The other is the informal religious organization that I and so many of us attended for all those years. This distinction is the reason that wards can't use the official logo of the church, if I understand correctly.

Do stake presidents, and bishops for that matter, also have a legal standing within the corporation? Or are they simply members of the informal organization that have been given the right to make decisions for the local congregations? Or is my understanding completely off?

I was listening to the Mormon Stories interview with the Reddish's. Listening to their SP justify his calling a pedophile as bishop was so painful. The church will always put the organization ahead of the safety of even the most vulnerable members. I just started wondering about how the legal pieces fit together.

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wtfluff
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Re: Legal status of Stake Presidents

Post by wtfluff » Sun Mar 13, 2022 6:37 pm

In the past, "The Church of Jesus Christ of Latter-day Saints" WAS NOT a legal entity. It was merely a Trademark™. That's right. Most of us on this board promised to give everything we had to a Trademark™.

According to Wikipedia, that has all changed in 2021. Here's the explanation of the former two CORPORATIONS mentioned:
Wikipedia wrote:In 1887, the LDS Church was legally dissolved in the United States by the Edmunds–Tucker Act because of the church's practice of polygamy.[157] For the next century, the church as a whole operated as an unincorporated entity.[158] During that time, tax-exempt corporations of the LDS Church included the Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-day Saints, a corporation sole used to manage non-ecclesiastical real estate and other holdings; and the Corporation of the President of The Church of Jesus Christ of Latter-day Saints, which governed temples, other sacred buildings, and the church's employees. By 2021, the Corporation of the Presiding Bishop and Corporation of the President had been merged into one corporate entity, legally named The Church of Jesus Christ of Latter-day Saints.[159]
Edit: Here's what Footnote 159 from the above quote says:
Wikipedia Footnote wrote: "LDS Corp. — The church long's journey to stay on the right side of the law and its principles". Salt Lake Tribune. June 1, 2021. Archived from the original on June 4, 2021. Retrieved June 4, 2021. Church officials recently wrapped up a corporate merger they had announced in 2019, when the well-known "Corporation of the Presiding Bishop" — used for decades to manage non-ecclesiastical real estate and other holdings — was renamed "The Church of Jesus Christ of Latter-day Saints." As 2020 closed, another long-standing church entity, its Corporation of the President, which governed temples and other ecclesiastical buildings, merged into the renamed corporation as of Dec. 31. The Corporation of the President has now ceased to exist, according to filings at the Utah Department of Commerce, the state’s keeper of corporate records. The move was in keeping with a series of edicts from Nelson and other top leaders beginning in 2018 intended to reemphasize the full name of the church "and better convey a commitment to follow Jesus Christ."
Would you look at that! Almost 200 years after it's creation, "The Church of Jesus Christ of Latter-day Saints" actually exists! (As a legal entity.)



I highly doubt that bishops or steak presidents have any legal standing in the Corp. Somehow they've got it set up so no-one has any responsibility for anything bad that happens in LDS-Inc. (Yes, I pulled that out of the fluff. :evil: ) Plausible Deniability™ in all things, ya know?
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dogbite
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Re: Legal status of Stake Presidents

Post by dogbite » Sun Mar 13, 2022 6:46 pm

Dodging legal responsibility is the reason corporations were created in the first place.

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moksha
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Re: Legal status of Stake Presidents

Post by moksha » Mon Mar 14, 2022 12:30 am

wtfluff wrote:
Sun Mar 13, 2022 6:37 pm
I highly doubt that bishops or steak presidents have any legal standing in the Corp.
Even if the steak presidents showed up at the Sizzler, they would have to pay full price and the salad bar would be extra.

President Nelson still controls the whole corporation.
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Just This Guy
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Re: Legal status of Stake Presidents

Post by Just This Guy » Mon Mar 14, 2022 8:04 am

Also, keep in mind that a SP is a non paid roll in the church. I'm sure this partially intentional these days.

By having them work without pay, they are not an employee of the cooperation, just an at-will volunteer. As such, the liability is greatly reduced. Yeah, the may reimburse some out of pocket expenses, but they can't tell him do an because he isn't an employee. Just make suggestions.
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1smartdodog
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Re: Legal status of Stake Presidents

Post by 1smartdodog » Mon Mar 14, 2022 9:53 am

If Pres Nelson controls the whole thing does that make him one of the richest men in the world


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Red Ryder
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Re: Legal status of Stake Presidents

Post by Red Ryder » Mon Mar 14, 2022 10:25 am

1smartdodog wrote:
Mon Mar 14, 2022 9:53 am
If Pres Nelson controls the whole thing does that make him one of the richest men in the world
This side of Kolob!

The merger was most likely a consolidation and maneuvering to ensure that layers of corporate tax laws to protect the assets of the church and to maintain tax exempt status are met.

The mission of the church is:
1. Maintain tax exempt status at all costs
2. Provide plausibly deniability.
3. Buy real estate and grow the portfolio
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blazerb
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Re: Legal status of Stake Presidents

Post by blazerb » Mon Mar 14, 2022 8:07 pm

Red Ryder wrote:
Mon Mar 14, 2022 10:25 am
1smartdodog wrote:
Mon Mar 14, 2022 9:53 am
If Pres Nelson controls the whole thing does that make him one of the richest men in the world
This side of Kolob!

The merger was most likely a consolidation and maneuvering to ensure that layers of corporate tax laws to protect the assets of the church and to maintain tax exempt status are met.

The mission of the church is:
1. Maintain tax exempt status at all costs
2. Provide plausibly deniability.
3. Buy real estate and grow the portfolio
This is interesting. I thought the change was mostly caused by Nelson's obsession with the name of the church, which is still different from what Joseph Smith said, but I guess there's nothing he can do to get the trademark from the Strangites.

I think Nelson is one of the richest men in the world. I also think he loves the power that comes with the money. They'll just keep on buying up assets. It strikes me as similar to the Sith. Instead of a "rule of two" there's a "rule of 15." I wonder how long before the empire is established.

Sorry I'm tired and kind of going off the rails.

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