Corporate Overview
Sumter Forest Temple is an IRS 501 (c)(3) nonprofit religious organization which is classifled as Buddhist church. Our corporation aims at forstering the study and practice of principles, disciplinary code, monastic tradition of Theravada Buddhism. Donations to our temple are tax-deductible.
BYLAWS
Of
SUMTER FOREST TEMPLE
(As Restated on November 25, 2016)
____________________
CHAPTER 1
NAME OF CORPORATION AND OFFICE LOCATION
Section 01. This Corporation shall be known as “Sumter Forest Temple,” thereinafter referred to as the “Corporation.”
Section 02. The Corporation is domestically incorporated in the State of South Carolina on February 15, 2001.
Section 03. The Corporation is a religious corporation that practices Theravada Sect.
Section 04. The Corporation will have members. Membership is not required for joining or receiving any religious services of the Corporation.
Section 05. The current registered agent and incorporator of the Corporation is Chinnaphat Khotwong.
Section 06. The office of the current registered agent of the Corporation is as follows:
2275 Thomas Sumter Highway
Sumter, SC 29153-9514
Sumter County.
Section 07. The principal office of the Corporation shall be as follows:
2275 Thomas Sumter Highway
Sumter, SC 29153-9514
Sumter County.
Section 08. The mailing address of the Corporation for service of process shall be as follows:
2275 Thomas Sumter Highway
Sumter, SC 29153-9514
Section 09. The principal office of the Corporation may be subject to relocation within the State of North Carolina when required.
CHAPTER 2
CORPORATE PURPOSES
Section 10. The Corporation shall be operated exclusively for religious purposes. The goals of the Corporation shall be:
(1) To further the religious teaching of the Buddha;
(2) To unite Buddhists of religious and charitable activities;
(3) To promote and support related religious activities;
(4) To educate and conserve Asian cultures;
(5) To help and support the elder, senior citizen;
(6) To organize, finance, lease, purchase, contract, maintain, and erect religious activities and fellowship of Buddhists, hereinafter referred to as the “Temple”;
(7) To organize seminars, conferences, and meditation retreats; and
(8) To raise funds for related religious activities.
CHAPTER 3
BASIC POLICIES
Section 11. The following basic policies shall be adopted by the Corporation:
(a) The Corporation shall be operated exclusively for religious purposes to disseminate the Buddha’s teachings by providing the facility for religious activities, rendering religious services in accordance with Theravada Buddhism, and providing Buddhist Studies class and Meditation course to its members and general people.
(b) No part of the net earnings of the Corporation shall inure to the benefit of, or be distributable to its members, trustees, directors, officers, or other private persons, except that organization shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purpose set forth in the purpose clause hereof.
(c) No substantial part of the activities of the Corporation shall constitute the carrying on of propaganda or otherwise attempting to influence legislation, or any initiative or referendum before the public, and the Corporation shall not participate in, or intervene in (including by publication or distribution of statements), any political campaign on behalf of, or in opposition to, any candidate for public office.
(d) Notwithstanding any other provisions of this document, the Corporation shall not carry on any other activities not permitted to be carried on by an organization exempt from federal income tax under Section 501 (c)(3) of the Internal Revenue Code or corresponding section of any future tax code, or by an organization, contributions to which are deductible under section 170 (c)(2) of the Internal Revenue Code, or corresponding section of any future tax code.
(e) Any outgoing member of the Board of Directors or of committees shall relinquish all his/her documents or the President seven (7) days prior to his /her resignation or to the successor within seven (7) days after replacement.
CHAPTER 4
BOARD OF DIRECTORS AND ELECTION
Section 12. Composition of the Board of Directors. Members of the Board of Directors of the Corporation, thereinafter referred or as the “Board” shall be:
(1) President;
(2) Two (2) Vice President;
(3) Secretary;
(4) Assistant Secretary
(5) Treasurer;
(6) Assistant Treasurer;
(7) Four (4) Advisory Board;
(8) Not more than eleven (11) directors.
This body shall be known as the Board of Directors and Executive Officers of the Corporation.
Section 13. Chairman of the Board. The sitting abbot of Sumter Forest Temple shall be the President and the Chairman of the Board of Directors of the Corporation. The President shall hold the supreme organizational authority and his decision-making will be final. The President shall be the Buddhist monk with appropriate qualifications only.
Section 14. The President shall appoint the Board of Directors at his discretion by determination of education, work experience, compatibility, and religious confidence.
Section 15. Term of Office. The term of office of each officer shall be:
(1) The President shall hold office until he is no longer the Buddhist monk or the Abbot of Sumter Forest Temple at which time he shall be replaced by the new Abbot as President.
(2) The Secretary and the Treasurer shall take office for a four-year term from the date of his/her appointment, and may be re-appointed to same office provided the requirements of Section 14 have been met.
(3) The Assistant Secretary and The Assistant Treasurer shall take office for a two-year term from the date of his/her appointment, and may be re-appointed to same office provided the requirements of Section 14 have been met.
(4) The Advisory Board shall serve a two-year term from the date of from the date of his/her appointment, and may be re-appointed to same office provided the requirements of Section 14 have been met.
Section 16. Vacancy. Any vacancy in the position of the Board of Directors may be temporarily filled at the discretion of the President until a special election or appointment can be made.
CHAPTER 5
POWERS AND DUTIES
Section 17. Power and Duties of the Board of Directors. The general powers and responsibilities of the Board of Directors shall be:
(a) To administer all affairs of the Corporation;
(b) To appoint committees, dissolve committees, enlarge committees, remove any committee members, and fill any vacancies;
(c) To determine such banks or trust companies for depository of the funds of the Corporation;
(d) To issue statements to the public over matters of immediate concern to the religious body.
(e) To plan and prepare programs for the semi-annual meetings of the Corporation;
(f) To present semi-annual and annual reports;
(g) To amend these Bylaws as needed for efficient operations of the Corporation; and
(h) To promote Theravada Buddhism and Asian cultures.
Section 18. Duties of President. The President of the Corporation shall:
(a) Be the Abbot of the temple;
(b) Be an ex-officer member of all committees;
(c) Preside in the meetings of the Board of Directors;
(d) Appoint and remove any officer, committee or committee member by nomination of the Board of Directors;
(e) Have authority to sign bonds, mortgages, contracts, and legal documents;
(f) Countersign all payments made out by the Treasurer;
(g) Oversee day-to-day operations of the Corporation; and
(h) Oversee the enforcement of these Bylaws, and the carry out of all resolutions and proceedings of the Corporation, the Board of Directors, and committees.
Section 19. Duties of Vice President. The Vice President shall assist the President in the performance of his duties, and perform other duties as may be delegated by the President.
Section 20. Absence of President. Should the President be absent or temporarily unable to serve the office, he will give at his discretion the power of authorization to Vice President or one of the Board of Directors.
In the event of death, resignation, or termination of the President, active members of Board of Directors shall succeed to the office of the President as a Presidium and shall share equally in authority coordination duties as provided for in these Bylaws until a successor with appropriate qualifications shall nominated.
Section 21. Duties of Secretary. The Secretary shall:
(a) Be the custodian of all legal record and seal of the Corporation;
(b) Record the minutes of each meeting of the Board of Directors;
(c) Send notices, agenda of meetings, and minutes of previous meetings to the Board and members concerned;
(d) Conduct the correspondence of the Corporation; and
(e) Perform other duties as assigned by the President.
Section 22. Duties of Treasurer. The Treasurer shall:
(a) Be the custodian of all funds of the Corporation;
(b) Deposit all funds of the Corporation under the name “Sumter Forest Temple” in appropriate banking institution, subject to the direction of the Board of Directors;
(c) Keep accurate record of all receipts and expenditures and verify that each transaction must be accompanied by a receipt or a voucher slip;
(d) Submit at each regular meeting of the Board of Directors a report regarding financial transactions of the Corporation, funds of the Corporation, and his/her actions as Treasurer for the previous month’s operation;
(e) Pay all payments authorized by the President, unless otherwise provided for in these Bylaws; and
(f) Perform other duties assigned by the President and as provided for in these Bylaws.
Section 23. Duties of Assistant Secretary. The Assistant Secretary shall assist the Secretary and perform other duties assigned by the Secretary and as provided for in these Bylaws.
Section 24. Duties of Assistant Treasurer. The Assistant Treasurer shall assist the Treasurer and perform other duties assigned by the Treasurer and as provided for in these Bylaws.
Section 25. Duties of Advisory Board. The Advisory Board shall advise the Board of Directors to govern the Corporation in compliance with these bylaws and with local, state, and federal laws.
CHAPTER 6
SPECIFIC COMMITTEE AND APPOINTMENT
Section 26. Appointment of Specific Committees. Specific committees shall be appointed from time to time at the discretion of the Board of Directors. The composition of Secretary and Chairperson of each committee so appointed shall be determined by the Board of Directors.
Section 27. Power and Duties of Committees. No committees’ decisions can be made by any single committee member; the action of a committee must represent the decision of a majority of the entire committee members and the Board of Directors.
Section 28. Term of Office. The term of office of any specific committee shall terminate by action of the Board of Directors or upon completion of the assignment for which the committee has been formed.
Should a vacancy occur on any specific committee, the President may appoint a successor in the same manner as provided in the case of original appointment; the member of the specific committee thus appointed shall complete the unexpired term.
CHAPTER 7
MEETINGS
Section 29. General Meetings. The semi-annual meeting of the Corporation shall be held during the Kathin Ceremony (October or November), and the annual meeting during the Songkran (April) Festival.
A special meeting of the Corporation may be called by the President independently, by four (4) members of the Board of Directors.
Section 30. Meetings of the Board of Directors. The Board of Directors shall hold its regular meeting at last two (2) times a year, at such time and place as it may determine. Special meetings of the Board of Directors may be called at any time by the President or upon the request of not less than three (3) directors including the President. For both regular and special meetings, a simple majority of the Board of Directors present in person shall constitute a quorum.
Section 31. Committee Meetings. Committee meetings shall be subject to the agreement of the call of the chairpersons as often as necessary to assure that businesses properly placed before them are disposed of as expeditiously as practicable under the circumstances.
CHAPTER 8
MEMBERSHIP AND RIGHTS
Section 32. Membership. Buddhist and non-Buddhist persons who are interested in the study of the Buddha’s teachings can subscribe for membership of the Corporation.
Section 33. Classes of Membership. Membership shall be divided into 3 classes as follows:
(a) Regular: Any interested Buddhist;
(b) Associate: Interested individuals of other religious groups. Associate Members must be nominated by at least 2 regular members in support of an application for associate membership. Associate Membership shall be granted only by the Board of Directors; and
(c) Honorary: Those deemed fit to become honorary member by the Board of Directors.
Section 34. Subscription for Membership. To become a member of the Corporation, a person must contact the Temple’s staff and fill the subscription form at his/her will. Subscription for membership is absolutely free of charge and no membership due is collected monthly.
Section 35. Freedom of Members. Members are not obliged either to regularly donate to the Temple or to participate in the religious services or activities of the Temple. Furthermore, membership can be canceled anytime at the request in oral or written notification of members. Members have freedom to join any temples or churches at their discretions and pleasures.
Section 36. Rights of Members. Members have no rights for voting the appointment or removal of the Board of Directors of the Corporation. The appointment and removal of the Board of Directors shall be at the discretion of the President. However, members have voting rights to advise about general affairs and activities of the Corporation. Moreover, members have rights to participate in all the religious ceremonies and services except the ceremonies reserved only for the monks according to the monasticism of Theravada Buddhism.
Section 37. Termination of membership. Lifetime membership may be terminated for the following reasons:
(1) Resignation;
(2) Death; or
(3) Misbehavior that is damaging to the Corporation and/or the Board of Directors.
A written request for termination must be submitted to the Board of Directors by the Executive Officers. A 2/3 majority vote of the Board of Directors is required to terminate membership. Members must be notified in writing of the termination.
CHAPTER 9
FINANCIAL AFFAIRS AND ASSETS
Section 38. The financial affairs and assets of the Corporation shall be the responsibility of the Board of Directors except as otherwise provided in these Bylaws.
Section 39. The Corporation’s funds shall be deposited in any stable financial institutions and shall require at least the signatures of the President and the Treasurer as the authorized officers.
Section 40. Funds of the Corporation may be derived by voluntary contributions, from requests, or any other lawful ways and means as approved by the Board of Directors.
Section 41. All expenditures shall be for the purposes authorized by the Board of Directors, or be for the purposes empowered by these Bylaws.
Section 42. All negotiable checks, drafts, money orders, notes or other evidences of indebtedness issued by the Corporation shall bear the signatures of the President and the Treasurer; Provided, however, the Board of Directors may authorize an individual, as the agent of the Corporation who may sign the said monetary documents.
Section 43. Financial Transaction. There will be no more than 3 (three) officials who have the authority to sign for withdrawal of money or making payments by check. Checks worth less than $500.00 shall be authorized by one official (President or Treasurer). Checks of up to $1,000.00 shall be authorized by 2 (two) officials (President and Treasurer). Any check worth more than $1,000.00 shall be authorized by the Board of Directors and signed by 2 (two) officials (President and Treasurer).
Section 44. Financial Prohibition. Under no circumstances does the Treasurer or Assistant Treasurer have the authority to make themselves, to their family members, or to relatives.
Section 45. Financial Audit and Transparency. All accounts, ledgers, duplicated receipts, paid bills, canceled checks, and bank statements shall be periodically audited by the certified public accountant or attorney for correction and transparency at any reasonable time.
CHAPTER 10
MONASTIC PERSONNEL AND DUTIES
Section 46. The temple operated by the Corporation is made up of the monastic personnel: Abbot, Monks, Novices, and Religious Workers. All monks and novices must be strict in the Vinaya (Discipline). They must practice according to all the rules and regulations of the temple. They must be respectful to the Triple Gem and discipline, diligent. They must perform their duties as assigned and help the administration of the temple as much as they are able. They must not be selfish and not be burden to the temple. They must not get involved in secular employment and unlawful activities.
Section 47. Religious workers are the male and female laities who receives basic ordination as the practitioners of eight or ten precepts and wear white uniform with shaped or non-shaped head. To be qualified for employment, the religious workers must have firm belief in Buddhism and receive fundamental education and training in Buddhism for a minimum of one year. The religious workers must always follow the instructions of the resident monks and novices with courtesy and respect.
Section 48. Term of the Abbot, Monks, Novices, and Religious Workers shall end under the following conditions;
(1) Death;
(2) Resignation;
(3) Leaving monkhood;
(4) Transferred to another temple; or
(5) The Board of Directors relieves them of their duties.
Section 49. Duties of the Monks, Novices, and Religious Workers. The resident monks, novices, and religious workers shall perform the following duties:
(a) To study and preach the Buddha’s teaching for welfare and happiness of gods and men;
(b) To strictly follow the monastic discipline and the rules of the temple;
(c) To arrange religious ceremonies as well as introducing monks, novices, and religious workers to visitors;
(d) To perform religious services and rituals scheduled by the temple and/or upon requests of members of the temple;
(e) To perform religious duties that must be carried daily by the monks, novices, and religious workers as part of cultivation of spiritual growth and religious training;
(f) To be responsible for raising funds and for finding ways of obtaining donations by lawful methods;
(g) To be in charge of cleaning and general cleanliness of the temple; and
(h) To assist the Abbot to perform day-to-day tasks of the temple.
Section 50. The monastic personnel must report directly to the Abbot and work under supervision of the Board of Director.
Section 51. The Corporation shall employ the resident monks, novices, and religious workers on the basis of non-salaried compensation.
CHAPTER 11
COMPENSATION
Section 52. The Corporation shall never pay financial compensations to any directors, officers, committees, monastic personnel, and members of the Corporation. The Corporation’s personnel shall render their voluntary services to the Corporation for their spiritual advancements and fulfillments of merit in return.
Section 53. According to Buddhist scripture, the monastic personnel are not allowed to get involved in secular employment, accepting wages or salary as means of compensation. The monastic personnel shall dedicate themselves to serving the Buddhist organizations and communities for welfare and happiness of gods and men.
Section 54. The Corporation shall provide requisites necessary to living and working to the monastic personnel, including but not limited to free room and board, clothing, medication, transportation, and other incidentals. In addition, the monastic personnel shall be granted to accept small donations contributed individually by the community members as a way of cultivating more merits for the givers.
CHAPTER 12
FISCAL YEAR
Section 55. This fiscal year of the Corporation shall begin on January 1, and end on December 31 of each calendar year.
CHAPTER 13
CORPORATE SEAL
Section 56. The official seal and service mark of the Corporation shall be the inscribed texts and/or images as appeared below.
CHAPTER 14
DISTRIBUTIONS UPON DISSOLUTION
Section 57. Upon the dissolution of the Corporation, assets shall be distributed for one or more exempt purposes within the meaning of section 501(c)(3) of the Internal Revenue Code, or the corresponding section of any future federal tax code, or shall be distributed to the federal government, or to a state or local government, for a public purpose. Any such assets not so disposed shall be disposed of by a Court of competent jurisdiction of the county in which the principal office of the Corporation is then located, exclusively for such purposes or to such organization or organizations, as said Court shall determine, which are organized and operated exclusively for such purposes.
CHAPTER 15
TEMPORARY PROVISIONS
Section 58. Articles of Incorporation and/or Bylaws of the Corporation may be periodically amended or restated by the President of the Corporation and/or upon approval of two-thirds (2/3) of the Board of Directors for flexibility and effectiveness of business management of the Corporation. Should the Articles of Incorporation and/or Bylaws be amended or restated, Member approval shall not be required.
Section 59. Previous Bylaws of the Corporation shall be immediately terminated at the date these bylaws were signed and enforced.
Section 60. The restatement of these Bylaws will authorize the present Board of Directors, specific committees, monastic personnel, and members of the Corporation to carry out the rights and duties detailed herein.
The undersigned President and Secretary to SUMTER FOREST TEMPLE hereby separately and individually certify that the above and foregoing bylaws were unanimously adopted by agreement of the Board of Directors on the 25th day of November, 2016.
SUMTER FOREST TEMPLE
(signed)
Ven. Chinnaphat Khotwong
President/ Incorporator/Agent
(signed)
Ven. Nikhom Artdech
Secretary