The governor Wanda Vázquez Garced firm hoy, lunes, a medium to enact the Ley General de Corporaciones with the end to clarify the legal personality of the churches and ecclesial institutions, the convenience and naturalness of the incorporation processes of the same and other fines.
“It is clear to me that the churches do not have their constitutions as finesse organizations by the right of incorporation, and their existence is determined by the law of the citizens to own as much as the right to free association, as their right to religious freedom collectively ”, the first executive in written communication.
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Explain that the media states that the legal corporate system, the churches and the ecclesiastical institutions are invisible in their constitutional peculiarity being equipped, in this case fully, with the corporations without fines of luxury, as well as all of them in the 2009 Civil Code. This lack of reconciliation and clarity has provoked conflicts all over judicial morals as administrative. Although it is not in accordance with the ecclesiastical institutions of any type of privilege or exception, what it is adopting, is the tendency of academic legal debates, at the level of civil law, which has the value of the incorporations of the associations of the citizens who are reconciled in their existence by the Constitution.
The Supreme Court of the United States has stated that religious freedom requires recognition that the churches have an ambition of autonomy that reduces the state’s intervention capacity in comparison with freedom with which it can intervene with civil corporations. In addition, it states that the Constitution requires the state to recognize a species of jurisdiction in the church, distinct and separate from the state, so that the actions of both parties do not interfere with it.
Recognize that there are churches that he has acquired or can obtain his corporate legal personality by other means distinct from the Civil Code and the Law of Corporations of Puerto Rico, which may be treated internationally or by special law.
The enforceable provision is that the churches and ecclesiastical institutions can make use of the corporate model of the “non-profit Corporate sole”, which is defined as a legal entity of corporate character that consists in the incorporation of a natural ecclesiastical occupation occupied by a natural person to administer patrimonial assets.
“Have a day of high, the churches, at the moment of incorporation, only teninan the possibility of making use of the unique corporate model that the Ley de Corporaciones of 2009 offers for the organizations without finesse. As a matter of fact, this general corporate model is particularly convenient for the type of congregational church as it conforms to the nature of a church structure. In particular, the Christian churches, which carry out economic activities with banks or private companies, have failed to explain that corporate decisions are not made by the mayoral vote of its members, as is the case with any other corporate corporation, iglesia ”, explained Vázquez Garced.
In the incorporation processes of the churches and ecclesiastical institutions, the state does not classify or issue validated juices on religious documents or legal modes as the churches are defined and configured differently, although there are no contrarians to it. It does not exist in the churches and ecclesiastical institutions that incorporate the responsibility with the register of legal persons, but moreover, it is modified in order to provide information that is consistent with the constitutional religious nature of the organization.
In die particularly, the churches and ecclesiastical institutions that incorporate must inform the Registry of Legal Persons the following: their official number; the proposals and the religious structure of the organization; the natural person they represent, the extent of their faculties and responsibilities as the mode of their election or succession; the physical directorate is assisted by its principal. This new Registry is positive and offers the opportunity to take every opportunity to know objectively the modes of action in the company of the distinguished corporations so that at the moment they interact with those with whom they wish.
Carlos Pérez Toro’s father praised the company of this year, with which “it is recognized, first of all in our history, the legal peculiarity of the churches and ecclesiastical institutions and the length of the incorporation processes of the various. The decisions of the most demanding judicial forums will temper our state of respect. Undoubtedly, the creative community of our island tenemos that would like our governor, not only by the company of this important project, but also by the oppressive and noble manner with which he defended, to the extent of his public service, the rights of the creators have their diversity in contributing to the well-being of our poor country ”.