Bylaws Preparation & Amendments

At Church & Charity Law, we understand nonprofit law and how state and federal laws impact governance. We also understand so-called “best practices” in nonprofit governance.  We advise our clients concerning the intersection between the law, best practices, and practical considerations in governance, to arrive at bylaws which best fit the client’s unique preferences.

Yes, all nonprofit organizations of every type should have bylaws.  Bylaws serve as a sort of internal contract, dictating the procedures and relationships between the different stakeholders in the nonprofit, including members, board, and officers.  State and federal laws expect that a nonprofit’s governance procedures will be written in duly-adopted bylaws and that the organization will comply with the rules set out in the bylaws.

At minimum, bylaws should address the rights and authority of the governing board and officers and how they are elected and removed.  If the church or charity has members, the authority of the members and eligibility for membership should also be addressed.  Religious entities should include a Statement of Faith or similar statement of their core religious beliefs.  The IRS also requires that nonprofit bylaws include a clause describing how the assets of the organization will be distributed on dissolution of the organization.