Congregation for Institutes of Consecrated Life and Societies of Apostolic Life, Designation of amount requiring permission of the Holy See for contracts involving alienation and canon 1295 transactions for institutes of consecrated life and societies of apostolic life in the USA, 5 December 2003.


Since 1992 (prot. n. SpR 275/3), the maximum sum for alienations and transactions which jeopardized the patrimony of a religious institute or a society of apostolic life has been three million US dollars. Beyond that sum, the permission of the Congregation for Institutes of Consecrated Life and Societies of Apostolic Life (CICLSAL) had to be obtained (c. 638, ยง3). Recently, the three Conferences of Major Superiors in the United States petitioned CICLSAL to raise the sum for religious institutes and societies of apostolic life to the amount recently granted to the dioceses of the United States (five million US dollars).

On December 5, 2003, Sister Constance Phelps, S. C.L., President of the Leadership Conference of Women Religious (LCWR), received a rescript from CICLSAL (Prot. n. AG 126-2/03) raising the amount for religious institutes and societies of apostolic life to five million US dollars in accord with the petition of the three Conferences and the amount given the recognitio by the Congregation for Bishops dated June 3, 2003 (Prot. n. 296/84) for the dioceses of the United States.

The rescript, given in English, reads as follows:




Congregazione per gli Istituti di Vita Consacrata e le Societa de Vita Apostolica

Sister Constance Phelps, SCL

President

Leadership Conference of Women Religious

8808 Cameron Street

Silver Spring, Maryland 20910-4152 USA

Prot N. AG 126-2/03

Dear Sister Constance,

This Congregation for Institutes of Consecrated Life and Societies of Apostolic Life has received the letter of the three Conferences of Major Superiors in the United States, requesting our approval of a new maximum sum for alienations and transactions which can worsen the patrimonial condition of a religious institute or society of apostolic life. Specifically, you request that the limit be raised from the present US $3 million to US $5 million, according to the new upper limit set for the dioceses of the United States.

Having studied the approval received by the Episcopal Conference, and the request from the Conferences of Major Superiors, with this letter we approve the new sum, as requested of US $5 million. This includes the annual adjustment linked to the consumer price index, as explained. Since the new limits go into effect for the dioceses in January 1,2004, it seems appropriate that this authorization also go into effect at the same time.

With personal best wishes and prayer for God's blessings on the work of the Conferences in the United States, I am

Sincerely yours in Christ,

Piergiorgio Silvano Nesti, C.P.

Secretary




N.B. In a recent communication to the major superiors of women religious, Carole Shinnick, S.S.N.D., Executive Director of LCWR, advised that Rev. Daniel Ward, O.S.B., Executive Director of the Legal Resource Center, notified the LCWR that the Consumer Price Index for 2004 was 3.3%. Therefore the amount for alienations and other transactions requiring approval of CICLSAL is $5,165,000.




Congregation for Institutes of Consecrated Life and Societies of Apostolic Life, Designation of amount requiring permission of the Holy See for contracts involving alienation and canon 1295 transactions for institutes of consecrated life and societies of apostolic life in the USA, 5 December 2003, CLSA, Roman Replies and Advisory Opinions, 2005, 13-15.