The secretary of state does not maintain the bylaws or tax exempt filings of any nonprofit organization. Some organizations that have obtained tax-exempt status from the Internal Revenue Service are required to make certain documents available to the public.
Articles of Incorporation and bylaws are separate documents used to establish and govern/regulate a business entity. A platform like OnBoard, purpose-built for boards, provides a secure system of record for these documents and more.
LLCs are not required to have bylaws. However, they are governed by an operating agreement which is like a corporation's bylaws.
Bylaws are a type of law, and specifically a type of legislation, made by a municipal council, rather than the other two spheres of government (ie. provincial and national government). relate to issues in the local community; and apply only in the area of jurisdiction of the municipality concerned.
Ing to the IRS, you can change your bylaws whenever you like, but you will need to report all significant changes in Schedule O of Form 990. This form is filed annually for your financial compliance. This also applies to your articles of incorporation!
Yes. Officers, directors, and shareholders are legally bound to follow their corporate bylaws and can face serious legal consequences if they do not.
The board president should sign the bylaws and have the secretary attest to the signature or have all board members sign the bylaws. Drafting good nonprofit bylaws is an art that requires careful attention to legal and regulatory requirements.