Chapter 7 §5
“THE FRIARS ARE BOUND TO OBEY BROTHER FRANCIS AND HIS SUCCESSORS”
The structures and government of the Order and the administration of goods
THE ADMINISTRATION OF GOODS
§1 As juridical persons, the Order, the Province and the House are to be able to acquire, administer, alienate and use temporal goods, in accordance with universal law and the proper law of the Order.34
§2 The Ministers and their legal representatives, as well as all the friars that have the permission of their Ministers, can perform juridical acts, which concern temporal goods, in civil law.
§1 Goods that are necessary for the life and work of the friars and are in their possession are either ecclesiastical goods and are regulated by the prescriptions of universal and proper law, or else they are the property of benefactors to be used and administered as they wish.35
§2 In order to be faithful to their vocation in the concrete conditions of life, the friars are always to look out for new forms of expropriation which are suited to their circumstances.
§1 For the whole Order, and each Province and House, there must be a Bursar or administrator of goods distinct from the Ministers and, as far as possible, from the Guardian. It is he who is to administer goods under the direction of, and in dependence on, the respective Minister or Guardian.36
§2 To assist the Bursar in discharging his duty there are to be finance committees, set up in accordance with the General Statutes and particular Statutes.37
§3 Whenever civil law requires the assistance of a legal representative for contracts, especially for contracts of alienation, and for other juridical transactions involving temporal goods, this representative is to be appointed in accordance with the Statutes.
§1 The General Statutes and particular Statutes are to make provision for the election and duty of Bursars.
§2 Bursars and others who play a legitimate role in the administration of property are to carry out their duty diligently and be vigilant that no goods placed in their care in any way perish or suffer damage.38
§1 In order to act validly in handling financial matters, the General, Provincial and local Bursars are obliged to observe universal law and the proper law of the Order.
§2 The duties and the limits of the ordinary administration of Bursars are to be determined in the General Statutes.
§3 Bursars act invalidly when they go beyond the limits and manner of ordinary administration, unless they have first received in writing the faculty to do so from the competent authority.39
§1 Expenditures, alienations, debts and other items of business go beyond the limits of ordinary administration when they require the permission or consent of the competent authority in accordance with universal law or the General Statutes and particular Statutes.40
§2 In addition, any alienation of immovable property, of movable goods artistically or historically valuable, or of votive offerings donated to the Church, is reckoned to be an act of extraordinary administration. For the alienation of these items it is always necessary to have recourse to the Minister Provincial, with due regard for the prescriptions of universal and proper law.41
It is the duty of the respective Minister and Guardian to supervise carefully the administration of all goods that belong to the Order, the Provinces or Houses subject to them. Moreover, they are to regulate the whole matter of the administration of temporal goods.42