By Kofi Boateng, Esq. (Edited by Adjoa Gyebiwaa Opoku, Esq.)
Many Charismatic churches in Ghana and by extent Africa, that are not subject to a parent institution, are heavily built around a single founder’s vision and leadership. While it may seem justified since the founder is expected to have received God’s call directly, the lack of clear succession plans and legal structures leaves the ministry vulnerable to future legal disputes after the founder retires or passes away.
This piece, presented in three parts, outlines how founders can work towards a succession plan to guarantee the continuity of the vision in their absence. The first part focuses on the key mindset shifts to prepare for continuity, while the second outlines practical legal steps to build structures that ensure continuity, stability, and integrity for generations to come. The final part makes a special consideration of the founder’s family, discussing two practical steps for protecting their interests in line with responsible stewardship and sound governance.
PART ONE: The Mindset Shift (from Ownership to Stewardship)
As indicated, many founders see the ministry as a personal calling and rightly so because they responded to the call. However, it is a foundational principle in Christian service that believers, including founders of churches, are God’s stewards and must be good managers (1st Peter 4:10). Thus, sustainable leadership begins when church founders view themselves as stewards entrusted with the vision, rather than owners. With this understanding, founders are encouraged to:
1. Acknowledge Mortality by consciously accepting their own mortality because as human, death is certain. Every ministry entrusted by God is meant to serve generations, not to end with one person’s lifetime. Therefore, when a founder treats the ministry as a divine trust rather than a personal enterprise, it changes every decision from leadership development to asset management. The founder must, therefore, resist the temptation to view the church as a personal project or family business that ceases to exist or forms part of their estate in the event of their passing.
Instead, founders should deliberately institute systems, structures and raise people to ensure the vision outlives them. A mindset shift in this perspective lays a solid foundation in performing the duty of stewardship.
2. Plan for Succession Early not only in the event of death, but for a legacy. Just as Moses prepared Joshua and Paul mentored Timothy, effective founders are to invest in the next generation of leaders early, while they are still active and strong. In doing this, the founder may:
(i) Create a Leadership Pipeline: Instead of looking to appoint one leader, a founder may identify individuals who reflect the church’s core values, understand the vision, and have both spiritual maturity and leadership capacity. The founder may then intentionally mentor, coach and impart wisdom to them by assigning them visible roles such as preaching, managing departments, or leading major projects in preparation for future leadership.
(ii) Document and Communicate the Succession Plan: A written succession plan ensures clarity and prevents confusion or power struggles. It should outline the process of leadership transition, the role of the Board or Trustees, and its communication to the congregation and all stakeholders.
With this shift in founders’ mindset, the foundational principle of stewardship will resonate within them, prompting them to proactively prepare others to carry the vision forward in their absence, whether due to death or retirement. However, a mindset shift alone is not enough because without proper legal and governance structures, even the most inspired vision can crumble under the weight of uncertainty and disputes. The next part of this article focuses on the legal architecture that sustains ministry beyond their founders.
PART TWO: Building Legal Walls of Protection
Every church should have a legal structure that separates the individual from the institution. In Ghana, the best model is a Company Limited by Guarantee under the Companies Act, 2019 (Act 992). This structure ensures the church exists as a distinct or separate legal entity that can own property, enter contracts, sue and be sued in its own name. This legal personality is what shields the founder’s personal assets such as home, vehicles, and savings from liability when challenges arise. Here are key steps to get it right:
a. Incorporate the church properly as a Company Limited by Guarantee with the Office of the Registrar of Companies (ORC) in accordance with Act 992.
b. Create a clear constitution that defines leadership succession, governance, and doctrinal values. This must be filed with the ORC.
c. Establish a Governing Council or Board of Trustees that includes spiritually mature and professionally competent members.
d. Maintain the Separate Legal Entity Status by acting on behalf of the church, not in an individual capacity. This may include:
– Opening a dedicated bank account for the church in order to separate personal funds and expenses from that of the church. Also, if possible, refrain from giving personal guarantees for loans, especially when the church is not in good financial condition.
– Signing contracts clearly “for and on behalf of the church” to avoid personal liability.
– Complying with statutory requirements such as holding regular board meetings and recording minutes, filing changes in governance structure, and timely filing annual returns and audited financial statements.
PART THREE: Special Consideration- The Founder’s Family
In many Charismatic churches, the founder’s family plays a visible role in ministry life, often serving as co-laborers, administrators, or even successors. Although this involvement may arise from genuine calling and commitment, it can also become the source of deep tension when roles are not clearly defined. From a legal and governance perspective, clarity here is essential to prevent internal conflict and protect the integrity of both the family and the church. In the situation where family members are involved, the following must be considered:
1. Be Clear About Roles and Authority
The key question is whether a spouse, child or relative is in leadership by calling and competence, or merely by relation. A well-drafted constitution or governance policy must specify the process for appointing leaders, including whether family members may serve and under what conditions. Embedding these rules within the church’s legal structure ensures that leadership succession is determined by merit and spiritual maturity, not by inheritance or emotion.
2. Provide for the Family Personally
The founder’s family should be financially protected through the founder’s personal legal instruments and not through church resources. While some churches may choose to provide for the family, this is a matter of moral discretion and not a legal obligation knowing that any support from the church’s funds may be discontinued at any time. Therefore, a founder should consider executing a will, obtaining life insurance, and making other private investments to ensure dependents are cared for, independent of the ministry’s finances to model responsible stewardship.
Legally separating family inheritance from church governance is not an act of distrust but an act of stewardship and foresight. Founders who do this do not only protect their family from public disputes and the ministry from internal power struggles, but they honor both the spiritual and legal integrity of their legacy. At its core, this separation ensures that what belongs to the family remains personal, and what belongs to the church continues to serve its divine purpose long after the founder is gone.
Conclusion
In the same way that spiritual authority brings guidance, legal order also brings stability to ensure that together, what began as a calling becomes a lasting institution that serves communities for generations.
Founders of independent charismatic churches must therefore see governance, compliance, and legal structure not as mere bureaucracy, but as acts of obedience and stewardship. Scripture reminds us in 1 Peter 2:13–14 to “submit yourselves for the Lord’s sake to every human authority… whether to the emperor, as the supreme authority, or to governors, who are sent by him to punish those who do wrong and to commend those who do right.” This instruction affirms that lawful governance and institutional order are not contrary to faith; rather, they are extensions of it. Founders are therefore called to demonstrate submission to both divine and civil authority.
Overall, it is prudent to seek professional legal guidance to structure the church’s governance, succession plan, and the founder’s personal estate in harmony with both national succession laws and the church’s corporate constitution. This will preserve peace, promote transparency, and minimise the risk of disputes or uncertainty in leadership when the founder retires or passes away.
