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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

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Recent Bylaws Questions

  • I no longer want any ownership 11% in a small restaurant company.

    I no longer want any ownership 11% in a small restaurant company. My father and son partners are sleezy human beings. They steal money out of the till, bounce entire payrolls, pay all bills late if at all and are hated by the staff. I have stage 4 throat cancer and I do not want my partners to benefit in any way in case of my demise. Could I just burn my stock certificates? How will that effect their stock value? How can I just rid myself of any relationship with them?
  • I formed a C Corporation back in 2009 to run an export business.

    I formed a C Corporation back in 2009 to run an export business. Company did not take off and I have losses being carried over in the business tax return. I started bringing income to the company by providing business professional services under a new DBA in order to recover some of these losses. Now I have decided to purchase a franchise in the travel industry. Can I just create a new DBA and use the same company for the new business?
  • A situation arises where a secretary resigns and there is a

    A situation arises where a secretary resigns and there is a new appointee. Does the board have the authority to make an interim decision splitting duties set out in the bylaws between the secretary and treasurer until such time as bylaws can be amended to split the duties?
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