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Nonprofit Bylaws are not mandatory in all states. Some states require nonprofits to have official bylaws, so it’s best to check with the Department of State. Even though bylaws are not mandatory, it’s a good idea for all nonprofit organizations to have them. They clearly establish and describe the rules by which the organization operates and serves as a guideline for different operations. Plus, the IRS usually requires Nonprofit Bylaws as proof when filing for tax exemption status.
Although some states require nonprofit organizations to have Nonprofit Bylaws, they don’t have to file the bylaws with any state authority. Nonetheless, it’s worth checking with the Department of State to find out the exact rules.
The Nonprofit Bylaws should not include details about day-to-day operations and specific dates of meetings. Instead, they only dictate the frequency of board meetings and such. They do not have to contain information about individuals working for or volunteering at the nonprofit.
Nonprofit organizations should update the Nonprofit Bylaws in the event of major changes like a relocation, resignation, merger, etc. If none of these happens within a year, it may still be worth checking the document and updating it if necessary. The bylaws should already contain details about amendment requirements, so make sure to follow them. If a nonprofit changes its purpose, the new Nonprofit Bylaws should reflect this information. Moreover, it’s vital to inform the IRS of the amendment.Â
Nonprofit Bylaws are relatively the same whether you’re creating them in New York, Florida, or any other state.