Non-profits and other entities use byLaws as a formal and legally-recognized resource to identify how the organization will work.Bylaw are very important for this reason.The "operating manual" for an organization is often the bylaw.If you have been asked to write byelaws for your organization, you will want to approach the task in an organized manner.
Step 1: Understand the purpose of the byelaws.
The written rules of an organization are called byelaws.Problems or conflicts can be resolved with the help of byelaws.If you have difficulty with an officer of the organization, you can read the bylaws to see what steps you are authorized to take.The title and responsibilities of officers can be covered in the organization's name and purpose membership requirements.
Step 2: Designate members to write.
Most or all of the members who helped to start the organization need to be consulted.Pull in at least two or three other people to give input.If you are starting a non-profit organization, you will need a board of directors who will give input and help write the bylaws.Working as a team ensures that all perspectives are represented.The bylaw committee should reflect an accurate cross-section of your organization.Don't tilt it too much with people from one level of the organization's hierarchy.
Step 3: Information should be gathered.
You need to understand the organization's purpose, how officers will advance it, and its future in order to draft the bye.To gather this information, meet with all members of the organization and talk about how they envision the organizations purpose and what jobs will be necessary to make that a reality.The organization's core documents, such as your articles of incorporation, governance policies, and any other documents that reflect how the organization is operated, should be consistent with your bylaw.As you prepare to draft the by-laws, gather those documents.The number of board positions and position descriptions should be the same on all documents.Make sure that the meeting days are the same.If you are affiliated with a state department of education, you should make sure that your bylaws are in line with their expectations.
Step 4: Get a sample bylaw.
Try to find the same rules for your organization.They can be used as a guide when drafting your own.If you call organizations like yours, you can ask for a copy of their bylaws.
Step 5: Meet an attorney.
A lawyer who specializes in non-profits can be useful in making sure that your bylaws cover the necessary ground.Your state's non-profit law can be changed by an attorney.You should be aware that non-profit laws may have restrictions on proxy voting.Your state's non-profit law will void any bylaw articles that violate it.If your state bar association runs a referral service, you can find an experienced attorney who specializes in non-profits.If costs are a concern, you may be able to get help from a pro bono organization.Many legal aid organizations help non-profit organizations.You can find legal aid organizations on this website.
Step 6: An outline format is used to structure your bylaws.
The section headings called "articles" and "sections" make your bylaws more readable and standardized.Information on voting rules, committees, and other elements can be found in this format.
Step 7: Begin each article with a heading.
The headings will be numbered with Roman numerals.The heading is on the page.The first article would be about organization.ARTICLE II: PURPOSE is the second article.
Step 8: Number every section of the article.
Give a one- to two-word description of each section in the article.You could write Section 1.There are regular meetings.A description of the protocol for regular meetings would follow.Section 2 is special meetings.A description of the protocol for special meetings would follow.
Step 9: Simple yet clear language is what you should use for your bylaw.
You want to sound professional.Look at the language the sample uses.Use understandable vocabulary and keep an appropriate tone.You don't need to use obscure "legalese" if you use simple language.Keep details for policies.The guidelines for implementing specific policies are contained in the bye.The bylaw should be able to be interpreted in conjunction with more detailed policies.The bye should be fairly general.
Step 10: Tailor the by-laws to your organization.
There are many templates and instructions that can be tailored to your organization.It's possible that your organization has specific needs that other organizations don't.A church will have a section about their minister.The process for bringing on a new minister or dismissing the current one would be addressed in this section.The Minister is the religious and spiritual leader of the church.The person will have the freedom of speech and the pulpit.The Minister is an ex official member of the Board and of all committees.
Step 11: Write about the organization's name.
The official name of your organization is identified in this statement.The primary operating location of your office can be given in this article.If you are a primarily online group, you don't need to include an address if your organization is not physically fixed to a location.The name of the organization will be the ABC Elementary PTO.
Step 12: The Organization Purpose article should be included.
The mission statement and vision will be included in the article.This can be a very basic statement.If you want, you can make it more complex.The organization is organized for the purpose of supporting the education of children at ABC Elementary by fostering relationships among the school, parents, and teachers.
Step 13: The membership article should be drafted.
Eligibility and how to become a member, as well as dues, will be addressed in this article.Do they have to pay a fee every year?There are requirements for how to remain a member and withdraw from membership.Membership is open to all who sympathize with the church's purposes and programs, regardless of race, creed, gender, sexual orientation, age, national origin, and mental or physical challenge.
Step 14: The officers article should be written.
This article will cover several aspects of officers, including how officers are nominated and elected, how long they can serve in their position, and how to handle vacancies.For the first section, for example, you might write: "The officers of the organization are a president, vicepresident, secretary, treasurer, and three directors." Then you will follow this with the other sections regarding officers, providing a description of each officer's duties.
Step 15: The meetings article should be included.
The article outlines how often meetings will take place.Is it semiannually?The meetings will take place at the primary location.How votes can be cast for motions.The number of board members who must be present for motions to be carried is established in the article.At least six board members must be present to make decisions for the organization if the board has nine members.Check with your Secretary of State to find out if your state requires a minimum for a quorum.For the first section of this article, a sample language might read: "Regular meetings of the society shall be held on first Tuesday of each month."
Step 16: The committees should write an article.
Your organization's specific committees might include a volunteer committee, publicity committee or membership committee.A description of each committee is required.There is a description of how committees can be formed in this section.The society shall have the following standing committees, followed by a list and brief description of each committee.
Step 17: The finances article should be drafted.
When a budget will be created, who is responsible for keeping financial records, how expenses are approved, and what will happen to funds if the organization is dissolved should be specified.The budget should be drafted in the summer and approved by a majority vote of the board.
Step 18: Write about the authority.
Guidelines for how your organization is run are called parliamentary authority.Robert's Rules of Order is a guide for how to run meetings in an assembly of people in order to ensure that voices are heard and taken into account.The specific resource that guides the procedures and operation of the organization will be named in an article on parliamentary authority."Robert's Rules of Order shall govern meetings when they are not in conflict with the organization" is a sample language.
Step 19: The amendment's and other provisions should be included.
The purpose of the bye is to accommodate many situations that might arise in an organization's life, but from time to time they need to be amended.What amendment process will you use?An amendment process will show that your organization understands change.Don't make it hard to amend the bylaw.Pick a process that is appropriate for the culture and politics of your organization.You can either state your fiscal year in a separate article or include a section about it here.At any meeting of the society, by a two-thirds vote of those present and voting, amendments can be made.The notice of the meeting should contain any proposed change.
Step 20: There is a conflict of interest.
A personal or financial conflict of interest from the board of directors or other officer should be protected by your organization.If someone has a conflict of interest, an article should be included.When a director or officer has a financial or personal interest in any matter coming before the board of directors, the affected person must fully disclose the nature of the interest and withdraw from discussion, lobbying, and voting on the matter.Any transaction or vote involving a potential conflict of interest must be approved by a majority of disinterested directors.The minutes of the meetings at which the votes are taken should record the reasons for approval.
Step 21: There is a Dissolution Clause.
A statement that describes how the organization can be closed down is required by some state laws.Even if your state does not require this clause, it can help protect your organization in the event of in-fighting.The organization can be dissolved with 14 calendar days' notice and a two-thirds vote of those present at the meeting.The Secretary of State in your state can give you specific information.
Step 22: The articles should be put into a document.
If you want the document to be readable, use one size and one style of writing.When the last revision of the byelaws go into effect, and the name of your organization should be on the title page.
Step 23: A professional parliamentarian can review your by-laws.
Procedure to run the organization, conduct meetings, elect officials, and so on will be outlined in your bylaws.These procedures are based on rules that dictate what happens first, how many people need to vote to reach a decision, who can vote by proxy, etc.A parliamentarian is an expert in the rules and procedures.The American Institute of Parliamentarians can help you find a parliamentarian in your state.You will have to pay a fee for their services.
Step 24: In an organization meeting, adopt the byLaws.
The organization needs to accept the bylaw in order for it to take effect.The director of the organization has the power to adopt the by-laws.The date of adoption is included in a statement at the end of your bylaws.This statement should be signed by the secretary of the organization.
Step 25: If you have to, file your bylaw with your state.
Some states require that byelaws be filed with the state, while others only require periodic reporting of key personnel and financial information.If you need to give a copy of your byLaw to your state agency, you should check with your Secretary of State.Corporate bylaws aren't usually filed with an official agency.Corporations don't have to file with your state if they write their own rules.They can be shared with key individuals.
Step 26: Your organization has a central location where you can keep your bylaws.
Put them in a binder with your articles of incorporation, minutes of meetings, list of names and addresses of directors and other principals of the organization, membership records and so on.It is possible to make your bylaws easily accessible to your members by posting them on your website or in your offices.There is no requirement that your organization's bylaws be made public.
Step 27: The bylaws should be brought to membership and executive meetings.
It's useful to have the bylaw on-hand when you hold a meeting.When voting on a motion, deciding on committee or board members, or engaging in other activities outlined in your bylaw, you should consult it.Your meetings will run smoothly, and members will be reassured that their views are properly represented.
Step 28: Don't forget to review byLaws regularly and keep them up to date.
Your organization may need to change.Making the bylaws flexible and amendable in the beginning is the key to making them adapt to change.A range of board members can be included instead of a hard number.Minor changes or more substantial changes can be accommodated by amending the bye.Minor changes can be made with amendments, for example the addition of a new committee.A meeting of the organization's members is required in order to provide input on what the revisions should be.Give notice to your membership that you will be holding a meeting to discuss and revise the bylaws, and give them the chance to submit changes for consideration.One subcommittee can write the revisions, another can check them for inconsistencies, and a third subcommittee is able to check revisions for spelling and grammar.The final revisions should be presented to the membership for a vote.