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501c3 & bylaws

15 years 1 month ago #149396 by supermom3.1
Replied by supermom3.1 on topic RE: 501c3 & bylaws
Thanks! This is why I love this site! The answers are here - all we need to do is ask!

Thank you!!!!
15 years 1 month ago #149393 by JHB
Replied by JHB on topic RE: 501c3 & bylaws
I don't know that it's required by the IRS - since they don't actually require bylaws and the organization may not be incorporated anyway. If you are incorporated, the papers you filed to become incorporated are your "organizing instrument", so that's sort of your "birth certificate" as far as the IRS is concerned.



But you'll commonly find a statement like that in Article II: Purposes. (Although sections may be numbered/named differently.)



From the IRS:


Exempt Organization - Bylaws

Bylaws are an organization's internal operating rules. Federal tax law does not require specific language in the bylaws of most organizations. State law may require nonprofit corporations to have bylaws, however, and nonprofit organizations generally find it advisable to have internal operating rules.





Here are a couple samples:

Sample 1:

The organization is organized exclusively for the charitable, scientific, literary, or educational purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code or corresponding section of any future federal tax code (hereinafter “Internal Revenue Code”).

Sample 2:
The organization is organized exclusively for charitable, educational, or scientific purposes within the meaning of section 501(C)(3) of the Internal Revenue Code.

Sample 3:

Section 1: Nature of the Corporation. The (name of org) nonprofit corporation formed under the (ref. state statute), which is organized and shall be operated in accordance with the meaning and provisions of section 501(C)(3) of the Internal Revenue Code and the regulations issued thereunder.

Section 2: Primary Purposes: The (name of org) is organized for the purposes set forth in its Articles of Incorporation which are filed within the State of (name of state).


15 years 1 month ago #149389 by supermom3.1
Do our bylaws have to state that we are 501c3 and incorporated?
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