Nonprofit Bylaws - The Dos and Don'ts

Bring up the subject of a nonprofit’s bylaws and you are sure to get an interesting response. For many nonprofits, their bylaws are just some forgotten document, full of legalese, gathering dust in a file cabinet somewhere. No one on the current board of directors knows who prepared them, nor what any of the provisions mean. They certainly are not referring back to them for any reason. For a nonprofit that actively uses its bylaws, the bylaws can be an interesting glimpse into the organization’s governing psyche. Are they control freaks…or just the opposite?

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0:00 Introduction
1:07 Bylaws Defined
1:42 Do: Get Assistance in Drafting Bylaws
2:19 Do: Stick to The Basics
3:08 Don’t: Treat Your Bylaws as a Policy Manual
3:44 Do: Know What’s in Your Bylaws
4:00 Do: Follow the Provisions
4:23 Don’t: Include Provisions that Hurt Future Boards
5:08 Don’t: Fail to Review Bylaws
5:25 Do: Keep Your Bylaws Relevant
6:10 Conclusion

[waynecmontgomery]

Great video!!! You forgot to include that the bylaws should NOT contradict state and federal law( I.E terms of service and fiduciary responsibility for board members or grant any special power or acts NOT permitted by law. You will be surprised about what state laws say about calling and holding meetings and elections when you have a membership). Also, each company should have a policy of making sure each board member gets a copy of the bylaws and has to sign that they read it. In addition, your bylaws should contain provisions on indemnification for directors & officers. As well as any state or Federal immunity that may apply to their board service ( see federal protections and laws for volunteer workers) further see (42 U.S.C.§ 14501)

[taylorhurlocker]

Currently in the process of amending my NPOs Articles & Bylaws through our state. Curious if we'll also need to notify the IRS and if so, at what point? Thanks in advance if you're able to field this question.

[irisbirge]

Is there anything that prevents a small nonprofit board from having a walking quorum or making decisions outside of monthly meeting without voting members awareness? Also is there anything that requires them to give notice to their voting members about items being discussed at upcoming meetings a.k.a a meeting agenda?

[davidcraig]

A lot of advice...but it sounds like an attorney is needed to write a charity's By Laws and we can't find an attorney anywhere that wants to do that as they don't want to work with non-profits or don't have experience with non-profits.

[Johnnys_World]

How do i get my bylaws to become legally recognized?

[lauraward]

We are just writing our by laws.. If we are working with veterans with disabilities should we included the HIPAA laws with in our bylaws?

[LordSlag]

Is it legal to write bylaws that permanently give one person total power over over a charity?