By-laws may be used to set principles for decision-making and to provide for specific rules and regulations, accompanied by offences and penalty clauses. By-laws can also set procedures for the application of authorisations and approvals from the municipality, for example.
South African municipal by-laws serve as legal frameworks established by local governments to govern specific areas within their jurisdictions. By-laws cover a wide range of aspects, including zoning, noise control, waste management, building regulations, and more.
A byelaw is a law which only affects the area of a Council. They are issued (made) by that Council only when it has been granted the power to do so by an Act of Parliament. The purpose of byelaws is to prevent or reduce some nuisance or harm to people who live, visit or work in that area.
Municipal bylaws are often enforceable through the public justice system, and offenders can be charged with a criminal offence for breach of a bylaw.
Ordinances typically require or prohibit certain actions under certain circumstances. A local agency's ordinances are frequently indexed and recorded into a “code.” These codes become part of the city or county's legislative history and may prove useful even many years after adopted.
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.
(a) The board of directors shall consist of one or more members. The number of directors constituting the board may be fixed by the by-laws, or by action of the shareholders or of the board under the specific provisions of a by-law adopted by the shareholders.
By-laws Adoption. – Every corporation formed under this code, must, within one month after receipt of official notice of the issuance of its certificate of incorporation by the Securities and Exchange Commission, adopt a new code of by-laws for its government not inconsistent with this code.
Occasional or sporadic sales activities do not usually amount to “doing business” in New York. New York courts do not typically consider factors like having customers in the state or making deliveries from an out-of-state factory as determinative. However, systematic merchandise sales may qualify as “doing business.”
Bylaws are internal documents, so they don't need to be filed with the New York Department of State like your Certificate of Incorporation. But even though the state government may never see your bylaws, they're still legally required for all New York corporations.