To form a corporation in California, Articles of Incorporation must be filed with the California Secretary of State's office. Forms for the most common types of Articles of Incorporation are available on our Forms, Samples and Fees webpage. You may use the form or prepare your own statutorily compliant document.
LLCs are not required to have bylaws. However, they are governed by an operating agreement which is like a corporation's bylaws.
Fill out a request form with the Internal Revenue Service (IRS): The IRS requires all tax-exempt businesses to file a copy of their bylaws. Filling out form 4506-A will get you a copy of them. Check with state agencies: Many states have regulatory agencies that hold records of bylaws.
Bylaws are your organization's operating manual. They define: Size of the board and how it will function. Roles and duties of directors and officers.
1. DIRECTORS: Not less than three, unless there are only one or two shareholders of record, in which case the number of directors may be less than three but not less than the number of shareholders. 2. OFFICERS: The three required positions are President, Secretary and Treasurer.
If a nonprofit doesn't follow its bylaws, it can face legal consequences, lose its tax-exempt status, and damage its reputation.