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Most churches have a constitution that states the mission and general governing rules. The bylaws, which often are more easily amended, have more specifics. Some churches are discovering that one simple document may be all they need; therefore, they set up bylaws only.
'Structure' is the people, programs, and processes of your church. Another way of explaining structure is the who (your staff and volunteers), the what (your events and activities) and the how (your policies and systems). Your church structure answers the key question 'what is your church building?
Any time a group gathers for a lawful purpose the law treats it as an unincorporated association, a kind of legal entity. As a nonprofit association, a church can be sued as an organization even if no other formal steps have been taken to organize it.
A church constitution is not legally binding in the American courts. Because of the separation of church and state provision of the U.S. Constitution, American courts do not have jurisdiction to hear such church disputes. Thus, a parishioner's solution can only come from within the court.
The IRS will require you to have three founding members who are not related by blood or marriage. Ideally, you have already built up a fairly sizeable following, and are now looking to make your church official.