This By-Laws document contains the following information: the name and location of the corporation, the shareholders, and the duties of the officers.
Purpose Of Bylaws In New York
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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.
They contain the basic rules for the conduct of the corporation's business and affairs. The bylaws may contain any provision for managing the business and regulating the corporation's affairs that is not inconsistent with statutory law or the corporation's Articles of Incorporation.
You not only have a duty to understand your bylaws, you are legally accountable for following them. This is not optional. A court of law will side with your bylaws in any dispute brought by another board member, an employee, volunteer or recipient of services who may have a grievance.
10 steps for writing bylaws for an association Research. Form a committee. Create the structure. Outline your organization's key roles and responsibilities. Establish your meeting rules. Define your membership. Address finances. Outline the amendment process.
A new corporation's bylaws are typically created by the person or persons who initiated the incorporation process (called the "incorporator"), or they may be written or formally adopted by the new corporation's board of directors as one of the board's first actions.
The By-Laws outline the rules on annual and special meetings, voting, quorum, notice of meeting and auditors and inspectors of election. They further emphasize procedures for qualification, nomination, election and compensation of the directors. The By-Laws also identify the officers of the company and their functions.
Traditionally, when starting a nonprofit, the best choice for legal structure is to form a nonprofit corporation at the state level and to apply for 501(c)(3) tax exemption at the federal level.
Corporate bylaws are required by state law in New York, but you don't need to file your bylaws with the NY Department of State. The law stipulates that your bylaws must be adopted by your incorporators during your company's initial organization meeting.
The Revenue Code of 1954 established the 501c structure that we still use today to define the different types of charities. The 501c3 is perhaps the most common, but there are also many other types depending on the organization's purpose.
Although state laws differ, here are some general steps to dissolving your nonprofit organization. Board approval and plan of dissolution. Approval from the state Attorney General. Dissolving the business entity. Notify the IRS. Asset distribution. Additional steps and considerations.