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Looking for bylaws for a chartering organization


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We're doing an initial filing with the state for a long standing CO. They want $25 and a set of bylaws for us to be "official".

 

By including the bylaws, we'll be filing as an "association", which is a (significant) step short of filing for incorporation.

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"Are you looking to set up a non-profit corporation or just get a pack or troop started? If the latter, there's really no need."

 

They would need to have an incorporated group, and so need articles of association and bylaws for that group (what will be the charter org).

 

They are asking for (and you're correct about not needing) bylaws for a troop or pack.

 

Basic bylaws are covered in any good book on parliamentary procedure. Check out Robert's Rules of Order, Newly Revised and consult a local parliamentarian for help.

 

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If I understand your posts, you have a group of parents who are acting as a self-sponsoring CO and now you wish to establish this under the laws of your state as an association.

 

I don't know where to send you for a sample. I did this years ago for a group starting a new troop, but don't have the bylaws anymore. This isn't legal advice, but what I would suggest is that you find a set of bylaws for an incorporated nonprofit group and use that as a basis for your bylaws. Just eliminate anything that talks about incorporation or stock. The important thing (although I don't know what state you're in and wouldn't know their law anyway) is generally to set out who the governing body is (like board of directors), how officers will be elected and don't forget to set out the purpose of the organization.

 

Good luck.

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"Why would the parents want to file with the state. What's the purpose?"

 

They want to create an incorporated group that will serve as the CO of their unit.

 

Thus, they need to do so with their state. Doing so requires Articles of Incorporate and Bylaws to define this group and how it operates.

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Actually, we are not looking to incorporate ourselves. We will be filing as an association. Regardless of this fact, all charities in CA are required to register with the state in California. (Familarize yourself with http://ag.ca.gov/charities/faq.php#registration) While article of incorporation are not required, bylaws are required to register, or we could lose our tax exempt status.

 

Until this year the state had no way to track you down, but expect that change. Before this year CO's didn't need to file with the IRS (assuming your CO made less than $5k / year in revenue, but beginning in 2008, if you have a TIN for for CO (which is required by the banks), the IRS will require you to file an 990-N. Once you are in compliance with the IRS, the state will have a nice neat database of everyone who has failed to file a CT-1. I'd rather straighten this out now than have the state go after our CO three years down the line when I'ev moved on.

 

(BTW - the above really only is a worry if you are self chartered. If you are chartered by another 501©(3) such as the Lions or AFW, you fall under their umbrella, and presumably they have their ducks in a row. If you are chartered by a Church, well thats a completely different matter - you are generally exempt from any IRS filing requirements)

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I thought it was something like that. Getting a California lawyer is always the best advice, but if you can't afford that, try my suggestion above. There are some other attorneys on the forum, but if you don't find what you need, please feel free to PM me. It doesn't strike me as a huge deal, but you want to get it right. Once you file your bylaws, you are stuck with them until they are legally amended.

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