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The Most Important Aspects in Nonprofit Bylaws



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Your organization's compliance to the Internal Revenue Service is important for non-profit bylaws. Nonprofits are required by the IRS to file an annual report and to make significant changes in their bylaws. Your nonprofit bylaws must include the following: Organizational structure, Conflict-of-interest policy, Quorum requirements, Defining Mission, and many more. You have many reasons to keep these documents current. The most important aspects in nonprofit bylaws are listed below.

Organisational structure

Bylaws describe the rules under which your nonprofit can operate. They can be either very general or very detail depending on the size and complexity of your organization. Bylaws can be considered "evergreen" documents since nonprofits rarely wish to alter them after they've been approved and published by the IRS. It's still a good idea that you review them every 2 years, especially if your organization is making major changes. Here are some tips to help you draft your bylaws.

First, ensure that the bylaws clearly define who will sit on each committee. It is a smart idea to list the qualifications and responsibilities of any board members if more than one person is on it. It is also important to state the terms and conditions of their positions. The organization should have a clear definition of quorum, the minimum number of members present at board meetings required for official decisions to be made. Finally, ensure that your bylaws clearly state that you have the right to remove any board member at anytime.


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Conflict of Interest policy

A conflict of Interest policy is an important part of the nonprofit's bylaws. First, it protects an organization's interest by preventing individuals from interfering with the organization's duties. Second, a conflict of interest policy complies with applicable laws, so that an organization can proceed without fear of violating federal or California laws regarding conflicts of interest. The policy covers all employees, directors, management personnel and anyone who may have an influence on governance and financial decisions. It also protects confidential and proprietary information that the organization holds.


Insider ownership is also covered by a conflict of interest policy. If a board director owns a piece of real estate that's part of the nonprofit, that's a conflict of interest. Accordingly, board directors must be disqualified from discussing and making decisions regarding the property. The IRS will request documentation that proves the transaction is in their best interests.

Quorum requirement

An organization's bylaws may specify that a meeting must have a quorum. Quorums are the minimum number of directors necessary to make decisions at a meeting. Quorum requirements are required for board meetings. They can be either a majority (or a smaller) number. Quorums can be either lower or higher depending on the bylaws. If electronic voting allows, it must remain secret and secure.

The quorum rule applies to board meetings and member meetings. A quorum must be present for official business to take place at a board meeting. Although the majority of directors may be present, informal discussions are still possible and can result in formal decisions. Organisations with large boards might think about lowering their quorum requirement, so that a smaller group of directors can take control of board decisions.


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Defining mission

Your nonprofit's bylaws should specify how board meetings are conducted. They should specify the quorum requirements to conduct official business. The bylaws should clearly describe the format of board meetings as well as the required number of votes to pass an initiative. Bylaws should have a procedure of amendment so that the board may amend the document if necessary. If there are any changes to the mission, it is best to document them in the nonprofit's bylaws and document them as a part of the board's meeting minutes.

Be specific in your mission statement. The more specific the mission, the stronger the anchoring effect. A nonprofit that focuses on children with disabilities could have a more specific mission to indicate that it should direct its efforts towards that goal. A more general mission statement could allow for expansion. It is important to be flexible in defining mission in nonprofit bylaws.


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Tuition for law school can vary from one school to another, but typically costs between $50,000 and $60,000. Students with low incomes can get financial aid through law schools. After graduation, students with federal loans (including Stafford Loans), may be eligible to get loan forgiveness.


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The Most Important Aspects in Nonprofit Bylaws