29-250 C.M.R. ch. 260, § 1 - Definitions

A. Corporation. Title 13-B Section 102(4) defines the term "Corporation" as used in the Maine Nonprofit Corporation Act. Certain entities are excluded from the definition. Among the exclusions are "an instrumentality, agency, political subdivision or body politic and corporate of the State." The Secretary of State interprets that phrase to mean an administrative unit or corporate outgrowth of State, county or local government created by statute, order, resolution, ordinance or articles of incorporation to perform functions traditionally associated with government activities. By way of example, entities, which will be considered excluded from the definition of corporation, include, but are not limited to:

1State departments, bureaus, divisions, commissions, boards and offices;

2The University of Maine;

3The Maine Maritime Academy;

4Cities, towns, plantations, counties and their political subdivisions;

5Municipal and county agencies;

6 Quasi-governmental bodies of State government;

7State and local housing authorities;

8 Quasi-municipal bodies including districts such as school administrative, hospital, water and sewer;

9 Voting districts;

10 County extension associations;

11 Regional planning commissions;

12 Councils of government;

13Development districts;

14Urban renewal authorities; and

15The instrumentalities and corporate or political subdivisions of any of the above.

B. Church

1Churches may organize as corporations under either Title 13 or Title 13-B.

2Nonprofit religious corporations that are not churches must be governed by Title 13-B.

3For the purposes of distinguishing these two types of corporations, "churches" means organizations whose primary purposes are (1) religious worship or (2) the management of buildings whose primary function is housing religious worship.

4The term "churches" does not include religious schools, associations of religious organizations or clergy, church camps, or support groups to repair or maintain church buildings.

Notes

29-250 C.M.R. ch. 260, § 1