Guidelines for writing effective and useful nonprofit bylaws are dictated by state and federal law, your nonprofit's articles of incorporation, and common sense.
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updated September 1, 2023 · 4min read
The concept of nonprofit bylaws best practices is not a rigid, one-size-fits-all set of rules as to what the bylaws should say.
A well-written set of bylaws will reflect two primary sources of information: the federal and state laws that govern a nonprofit corporation and the unique shape and requirements of your organization as you've designed it.
The following are some general guidelines to be considered when creating bylaws for a nonprofit organization:
A nonprofit corporation is governed by the laws of the state where it is incorporated. All states have some form of nonprofit corporation act, which typically has various provisions relating to a nonprofit corporation's bylaws.
These provisions are different in each state, so you need to be sure you understand any limitations your state's law imposes on bylaws. For example, there may be a legal requirement as to the number of board members.
Bylaws should allow for some flexibility. For example, it is better to say that board meetings will be held monthly, rather than to specify they are held the first Tuesday of each month at 6:30 p.m.
You don't want to have to amend the bylaws to switch to a different day or time. Also, too much detail can lead to unnecessary conflict over such details, thereby distracting board members from the organization's real purpose.
Every nonprofit has its own unique needs. To reflect these, the bylaws often will consider the purpose and culture of the organization, the number of people involved in managing the organization, and the expectations and attitudes of the members and directors.
It is important to reiterate that, when determining how to write bylaws for a nonprofit organization, you need to be sure that they comply with the federal or state requirements for your nonprofit. The following are some of the types of provisions commonly found in nonprofit bylaws:
Nonprofit bylaws should provide all the basic guidelines for operating your nonprofit corporation without becoming overly detailed and inflexible. You also need to be sure that the bylaws don't conflict with either nonprofit legal requirements or the articles of incorporation. You may find it advantageous to engage the services of an online services provider to help ensure that your nonprofit is properly set up and registered.
by Edward A. Haman, Esq.
Edward A. Haman is a freelance writer, who is the author of numerous self-help legal books. He has practiced law in H...
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