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Michael Lykken, Esq
Michael Lykken, Esq,
Category: Business Law
Satisfied Customers: 98
Experience:  Partner at Soares & Lykken, Attorneys at Law
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Regarding California's AB1233 ( ALL board members must be

Customer Question

Regarding California's AB1233 ( ALL board members must be VOTING members of the board)
We are a nonprofit Swim Club with an IRS 501c
We are not incorporated, but are non profit...does this new law apply to us ?
We currently have a position on our board of directors (Head Coach) which according to our current bylaws is a NON VOTING position...do we need to change this position to be a voting member of the board ?
We are currently updating our bylaws and came across the AB1233.... "Recently enacted California AB 1233 amends several provisions of the Nonprofit Corporation Law. These amendments become effective January 1, 2010 and may require California nonprofit corporations to review and modify their articles, bylaws or governance practices. While many of these amendments apply to all types of California nonprofit corporations, the following summary covers only those changes that affect public benefit corporations. If you are a board member or officer of a California nonprofit public benefit corporation, you should familiarize yourself with these changes so that you can help ensure your organization’s compliance with California law."
Thank you *****
Submitted: 1 year ago.
Category: Business Law
Expert:  Michael Lykken, Esq replied 1 year ago.

Hello, my name is ***** ***** I am a licensed California attorney. I am happy to help you with this question. Your organization is ann unincorporated association, and I will post a long to the relevant laws for you. Your governing documents control the operation and governance of the organization, and there is no provision in the code regarding the voting of any directors in an unincorporated association. I'll double check the assembly bill you are referencing, but at first blush I would say it doesn't apply to you. The Corporations Code sections dealing with unincorporated associations is located here: http://leginfo.legislature.ca.gov/faces/codes_displayexpandedbranch.xhtml?tocCode=CORP&division=&title=3.&part=1.&chapter=&article=&goUp=Y

Customer: replied 1 year ago.
Okay, thanks. You will double check to be sure? We will have our annual members meeting to amend the bylaws next month and I really want to be sure on this portion.
You will get back to me after you double check??
Thanks so much ! Christine Oliver
Expert:  Michael Lykken, Esq replied 1 year ago.

AB1233 was passed in 2009 and deals with nonprofit consumer cooperative corporations. Your swim club is not a consumer cooperative corporation, which requires the filing of articles of incorporation and other formative steps, so AB1233 doesn't apply to your swim club. I hope I have fully answered your question, and if so, if would appreciate it if you would rate my service. Thank you!

Customer: replied 1 year ago.
Yep !
Thanks so much 👍🏼
I hope this was one of the easier parts of your day 🏊🏼🏊🏼🏊🏼
Expert:  Michael Lykken, Esq replied 1 year ago.

You're very welcome!

Expert:  Michael Lykken, Esq replied 1 year ago.

Hello Christine. I hope you found my answers helpful. If you could rate my service on this answer I would appreciate it. Thank you!