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Questions about Bylaws

What are bylaws?

Bylaws are standard rules governing the regulation of a company’s internal affairs. Bylaws are used for the structure of companies. They decide how a corporation will be run on the inside. They are also required when one tries to apply for an incorporation status. Bylaws usually set the required number of board members for the company, how the voting procedure works, how things will be taken care of when making decisions, and how things are discussed during meetings. These are just a few things that bylaws usually take care of, but there are many different things that they can decide for the company.

How do bylaws become official rules for a company?

Usually a vote or resolution takes place by the company and the members of that company then in a way adopt the bylaws. During the first minutes of the organization, documentation is usually taken for the acceptance of the bylaws.

Are bylaws required to be registered for a non-profit organization?

It depends on the type of non-profit organization that is under question. However, Bylaws are not usually needed for a non-profit organization. The government does not require for bylaws to be either filed or even registered with the Articles of Incorporation.

Are bylaws required for a buying group for owners of a certain company to buy products at a contracted price?

In most situations, no specific bylaws are required for a buying group. One thing might be advisable when going about this. It is a good idea to have a written agreement with these owners to secure sales with them so they do not go to other companies to buy their products. However, if asking for a written agreement causes problems with the owners, it may be easier for the buying group to continue with what they were originally doing without worrying about a written agreement.

How legally binding are church bylaws for church members and their pastor?

Bylaws are considered to be legally binding as a private contract between a pastor and the members. It pertains strictly to legal matters of the church only. If it is about the finances of the church or about the church property, or even if it is about the pay that the pastor receives, the bylaws can then be enforced by the members in court, which would ensure that the pastor would not take advantage or twist the bylaws in any way.

When it comes to dealing with bylaws, people can become very confused about what is included in the bylaws and how one should handle them. There are many different subjects that end up requiring bylaws, whether it is a business or even a church. There are many different circumstances that can arise with bylaws that can bring up many questions or just clarification. Remember to always ask about any questions about bylaws or any other subject and the Experts will do their best to answer these questions.

Ask a Business Lawyer

Dimitry K., Esq.
Dimitry K., Esq., Attorney
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Experience:  Run my own successful business/contract law practice.
18572087
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Dimitry K., Esq.
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Recent Bylaws Questions

  • Good news, it is in the bylaws: Section 11.Cumulative Voting

    Good news, it is in the bylaws:
    Section 11.Cumulative Voting of Directors. Every shareholder shall have the right to cumulate his votes in the election of directors (that is, he may give one candidate an aggregate number of votes equal to the number of directors to be elected multiplied by the number of votes to which the shareholder's shares are entitled, or he may distribute his aggregate number of votes among two or more of the candidates in such proportions as he wishes) if: (a) the candidate he proposes to vote cumulatively has been placed in nomination prior to the voting; and (b) one or more shareholders has given notice at the meeting, prior to the voting, of his intent to cumulate his votes. The candidates receiving the highest number of votes of the shares entitled to be voted , up to the number of directors to be elected by such shares, shall be elected.
    I didn't see any information on how to Section 11.Cumulative Voting of Directors. Every shareholder shall have the right to cumulate his votes in the election of directors (that is, he may give one candidate an aggregate number of votes equal to the number of directors to be elected multiplied by the number of votes to which the shareholder's shares are entitled, or he may distribute his aggregate number of votes among two or more of the candidates in such proportions as he wishes) if: (a) the candidate he proposes to vote cumulatively has been placed in nomination prior to the voting; and (b) one or more shareholders has given notice at the meeting, prior to the voting, of his intent to cumulate his votes. The candidates receiving the highest number of votes of the shares entitled to be voted , up to the number of directors to be elected by such shares, shall be elected.
    I didn't see how to get placed in nomination prior to voting.
    Can we do this at the meeting?
    Do you think we verbally give notice of his intent to cumulate his votes at the meeting?
  • I have a partnership with a friend of mine and we will be incorporating

    I have a partnership with a friend of mine and we will be incorporating soon. My question is, when we incorporate (C- corp) does the partnership contract go away and replaced with a corporation contract? The reason I ask is in the last year I have done 90% of the work to get where we are, and know 100% more about the business. I would like to change the ownership to a 49/51 split so I have ultimate control. First of all is the 51% ownership sufficient in the final say in a decision making?
    I am still willing to spilt the revenue when we go live 50/50 but I want to have control of the company. Am I correct that 51% ownership provides control of the company.
  • In California, what are the rules (in corp code)

    In California, what are the rules (in corp code) for cumulative voting for the board?
    Need to declare that will be using before shareholders meeting?
    Can it be eliminated by the board?
    Add any name to slate proposed by the board?
    Other?
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