what is a bylaw

what is a bylaw

1 year ago 65
Nature

A bylaw is a set of rules or laws established by an organization or community to regulate itself. Bylaws are most often used in companies to determine the rights and obligations of employees and organizations in a corporate body, and to regulate various matters such as holding meetings, causes of dissolution, etc. . Bylaws provide a framework for the operation and management of an organization. Municipal by-laws are public regulatory laws that apply in a certain area. Bylaws can also refer to a local regulation of a municipality. In parliamentary procedure, including Roberts Rules of Order, the by-laws are generally the supreme governing document of an organization, superseded only by the charter of an incorporated society. The bylaws contain the most fundamental principles and rules regarding the nature of the organization.

Some key features of bylaws include:

  • Internal management: Bylaws cover the areas of the corporations internal management.

  • Provisions: Bylaws may contain any provision for managing the business and regulating the corporations affairs that is not inconsistent with statutory law or the corporations Articles of Incorporation.

  • Amendment: The initial bylaws are adopted at the organizational meeting held after the Articles of Incorporation are filed. The bylaws may be amended thereafter by the shareholders or, in some cases, by the board of directors.

Most states require corporations to have bylaws, and the corporation statutes also require corporations to keep a copy and to provide it to any shareholder requesting an inspection. While the board of directors and/or shareholders have broad discretion in deciding what the bylaws should provide, there are two common statutory restrictions: a bylaw provision cannot conflict with a provision in the articles of incorporation, and it cannot violate the law.

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