26.1
25-1
25-1. The congregation consists of all the communing members of a particular church, and they only are entitled to vote.
26.2
25-2
25-2. Whenever it may seem for the best interests of the church that a congregational meeting should be held, the Session shall call such meeting and give public notice of at least one week. No business shall be transacted at such meeting except what is stated in the notice. The Session shall always call a congregational meeting when requested in writing to do so: a. by one-fourth (1/4) of the communing members of a church of not more than one hundred (100) such members, b. by one-fifth (1/5) of the communing members of a church of more than one hundred (100) and not more than three hundred (300) such members, c. by one-sixth (1/6) of the communing members of a church of more than three hundred (300) and not more than five hundred (500) such members, d. by one-seventh (1/7) of the communing members of a church of more than five hundred (500) members but not more than seven hundred (700) such members, e. by one hundred (100) of the communing members of a church of more than seven hundred (700) such members. Upon such a proper request, if the Session cannot act, fails to act or refuses to act, to call such a congregational meeting within thirty (30) days from the receipt of such a request, then any member or members in good standing may file a complaint in accordance with the provisions of BCO 43.
26.3
25-3
25-3. The quorum of the congregational meeting shall consist of one-fourth (1/4) of the resident communing members, if the church has not more than one hundred (100) such members, and of one-sixth (1/6) of the resident communing members if a church has more than one hundred (100) such members.
26.4
25-4
25-4. The pastor shall be the moderator of congregational meetings by virtue of his office. If it should be impracticable or inexpedient for him to preside, or if there is no pastor, the Session shall appoint one of their number to call the meeting to order and to preside until the congregation shall elect their presiding officer, who may be a minister or ruling elder of the Presbyterian Church in America, or any male member of that particular church.
26.5
25-5
25-5. A clerk shall be elected by the congregation to serve at that meeting or for a definite period, whose duty shall be to keep correct minutes of the proceedings and of all business transacted and to preserve these minutes in a permanent form, after they have been attested by the moderator and the clerk of the meeting. He shall also send a copy of these minutes to the Session of the church.
26.6
25-6
25-6. A particular church which is not incorporated, desiring to elect trustees, may select from among its membership trustees or officers of like nature who shall have the power and authority: a. to buy, sell, or mortgage property for the church, b. to accept and execute deeds as such trustees, c. to hold and defend titles to the same, and d. to manage any permanent special funds entrusted to them for the furtherance of the purposes of the church. In the fulfillment of their duties, such trustees shall be subject always to the authority, and shall act solely under the instructions of the congregation which they serve as trustees. The powers or duties of such trustees must not infringe upon the powers or duties of the Session or of the Board of Deacons. Such trustees shall be elected in regularly constituted congregational meetings.
26.7
25-7
25-7. If a particular church is incorporated, the provisions of its charter and bylaws must always be in accord with the Constitution of the Presbyterian Church in America. All the communing members on the roll of that church shall be members of the corporation. The officers of the corporation, whether they be given the title trustee or some other title, shall be elected from among the members of the corporation in a regularly constituted congregational meeting. The powers and duties of such officers must not infringe upon the powers and duties of the Session or the Board of Deacons. All funds collected for the support and expense of the church and for the benevolent purposes of the church shall be controlled and disbursed by the Session and the Board of Deacons as their relative authorities may from time to time be established and defined. To the officers of the corporation may be given by the charter and bylaws of the corporation any or all of the following responsibilities: a. the buying, selling and mortgaging of property for the church, b. the acquiring and conveying title to such property, the holding and defending title to the same, c. the managing of any permanent special funds entrusted to them for the furtherance of the purposes of the church, provided that such duties do not infringe upon the powers and duties of the Session or of the Board of Deacons. In buying, selling, and mortgaging real property such officers shall act solely under the authority of the corporation, granted in a duly constituted meeting of the corporation.
26.8
25-8
25-8. The corporation of a particular church, through its duly elected trustees or corporation officers, (or, if unincorporated, through those who are entitled to represent the particular church in matters related to real property) shall have sole title to its property, real, personal, or mixed, tangible or intangible, and shall be sole owner of any equity in any real estate, or any fund or property of any kind held by or belonging to any particular church, or any board, society, committee, Sunday school class or branch thereof. The superior courts of the Church may receive monies or properties from a local church only by free and voluntary action of the latter.
26.9
25-9
25-9. All particular churches shall be entitled to hold, own and enjoy their own local properties, without any right of reversion whatsoever to any Presbytery, General Assembly or any other courts hereafter created, trustees or other officers of such courts.
26.10
25-10
25-10. The provisions of this BCO 25 are to be construed as a solemn covenant whereby the Church as a whole promises never to attempt to secure possession of the property of any congregation against its will, whether or not such congregation remains within or chooses to withdraw from this body. All officers and courts of the Church are hereby prohibited from making any such attempt.
26.11
25-11
25-11. While a congregation consists of all the communing members of a particular church, and in matters ecclesiastical the actions of such local congregation or church shall be in conformity with the provisions of this Book of Church Order, nevertheless, in matters pertaining to the subject matters referred to in this BCO 25, including specifically the right to affiliate with or become a member of this body or a Presbytery hereof and the right to withdraw from or to sever any affiliation of connection with this body or any Presbytery hereof, action may be taken by such local congregation or local church in accordance with the civil laws applicable to such local congregation or local church; and as long as such action is taken in compliance with such applicable civil laws, then such shall be the action of the local congregation or local church. It is expressly recognized that each local congregation or local church shall be competent to function and to take actions covering the matters set forth herein as long as such action is in compliance with the civil laws with which said local congregation or local church must comply, and this right shall never be taken from said local congregation or local church without the express consent of and affirmative action of such local church or congregation. Particular churches need remain in association with any court of this body only so long as they themselves so desire. The relationship is voluntary, based upon mutual love and confidence, and is in no sense to be maintained by the exercise of any force or coercion whatsoever. A particular church may withdraw from any court of this body at any time for reasons which seem to it sufficient, provided, however, the congregation is given at least thirty-days’ notice of any meeting where the congregation is to vote on a proposed withdrawal from the Presbyterian Church in America.
26.12
25-12
25-12. If a church is dissolved by the Presbytery at the request of the congregation and no disposition has been made of its property by those who hold the title to the property within six months after such dissolution, then those who held the title to the property at the time of such dissolution shall deliver, convey and transfer to the Presbytery of which the church was a member, or to the authorized agents of the Presbytery, all property of the church; and the receipt and acquittance of the Presbytery, or its proper representatives, shall be a full and complete discharge of all liabilities of such persons holding the property of the church. The Presbytery receiving such property shall apply the same or the proceeds thereof at its discretion.