Nonprofit Bylaws - The Dos and Don'ts

[@FoundationGroup]

If you need help filing for IRS 501(c)(3) status, we’d love to help! You can fill out our contact form at bit.ly/3i6rFxz or give us a call at 888-361-9445.

[@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)

[@FoundationGroup]

In our best Joe Biden voice: "C'mon, man!" We didn't "forget" those. If we told everything we know about each subject, our videos would be 3 hours long and no one would watch them! Accurate points, for sure. When we work with our clients, trust us...nothing is left out. Thanks for being a fan!

[@dennisvogt1193]

@@FoundationGroup you gotta read and sign...you know, the thing

[@saxgirlhornboy6458]

Some states require indemnification provisions be set forth in the Articles.

[@SpeakingWithLisa]

Thank you for creating this video.

[@theshadowknowz5900]

We appreciate this...😊

[@hyojinlee]

Thank you so much for this video!

[@adamlane73]

Well done. Great info

[@taylorhurlocker9357]

Great video!

[@Bcoi-f9n]

How much do you charge to help with creating the by laws?

[@taylorhurlocker9357]

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.

[@davidcraig9938]

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.

[@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?

[@Johnnys_World859]

How do i get my bylaws to become legally recognized?

[@FoundationGroup]

Very few states require you to file your bylaws with them. The IRS wants to see them when you apply for 501(c)(3) status, but even then the IRS doesn't usually render an opinion at all about them. Only if they spot an egregious problem would they even ask a question. They do not require future amendments to be filed with them at all. The reality is, it's not about getting them legally recognized. There is no process for that, per se. You just need to ensure that your bylaws are compliant with state and federal nonprofit law, then make sure your board and/or membership abides by them completely. If you amend them later, you must answer that question on Form 990 that you have made changes to the bylaws during the past tax year, and inform them of the nature of the change. But you won't resubmit them.

[@lauraward4886]

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?

[@FoundationGroup]

Hi, Laura. The answer to your question is more one of personal preference and best practice, rather than "right" or "wrong". We lean toward less-is-more when it comes to bylaws. Because of your beneficiary group, HIPAA laws are very important. However, bylaws should be hard to amend, and you don't want elements in your bylaws that may require an amendment when rules change that you have no control over. In your case, I would maybe have a clause that requires your organization to follow all applicable HIPAA regulations as directed by the US government. That way, you're obligated to follow HIPAA, but you're not amending your bylaws every time rules change by having to codify the rules and rule changes themselves. It's a lot like how your Articles of Incorporation require you to be exclusively organized for 501(c)(3) purposes, but you don't include the actual written regulations of Section 501(c)(3) of the Internal Revenue Code in your Articles. You just reference that the organization will abide by those rules. Same thing with your situation. Hope that helps!

[@lauraward4886]

@@FoundationGroup Yes thank you that does help alot. What section would you put that under?

[@FoundationGroup]

Given that it doesn't neatly fit into typical sections about officers, meetings, etc., I would probably make a new section for this and/or any other miscellaneous provisions.

[@anthonyoverbee2049]

Is by laws biblical?

[@FoundationGroup]

We're pretty sure we've never seen bylaws mentioned in the Bible, good or bad. Having established written procedures for handling governance issues, however, seems like Solomon-esque wise counsel to us. The Bible is silent on homeowners' insurance, too. Just sayin'.

[@taylorhurlocker9357]

@@FoundationGroup Cracking up, thanks for the laughs!

[@LordSlag]

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

[@FoundationGroup]

No, it isn't. In almost all scenarios, charity governance should be a shared experience. There are ways to ensure one party, let's say a founder, has significantly more influence. See our recent video on Sole Member Nonprofits to understand how that works. But even with that structure, there is still a board of directors, which operates as the primary governing body.

[@LordSlag]

@@FoundationGroup Thank you.