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General Purpose. This Nonprofit Bylaws form set, with one exception, is intended to provide the user with all necessary documents for the legal formation of a nonprofit corporation. The one excluded document is known as "Articles of Incorporation" (or "Certificate of Incorporation" in some states). It is excepted from the set as the majority of US states published pre-printed forms for this use. After the articles of incorporation have been filed, the remaining steps to fully forming a corporation are: (a) naming of the board of directors, (b) adopting bylaws, and (c) appointing corporate officers. Click here for further information regarding the steps to corporate formation (Note: Arizona and Georgia require publication of a notice after the articles have been filed). Here is a page with links to nonprofit articles of incorporation for each state.

Our incorporation form system contains the following documents and features:

1. Resolution by the incorporators appointing the first board of directors by unanimous consent;
2. Detailed nonprofit bylaws with options to limit the spending authority of officers thereby reserving same for the board of directors; and
3. Board of director's consent resolution adopting the bylaws and naming the initial officers of th corporation.

Official Start of Corporate Existence. A nonprofit corporation is an artificial legal entity that comes into being when the state issues a charter through its secretary fo state's office (or analogous state office for business entities). The filing of the articles of incorporation with the state with the filing fee acts as an application to the state for the issuance of the corporate charter. If you have not filed formal articles of incorporation with you state, then your corporation has yet to be legally formed.

Board Size. The following states require nonprofit corporations to have at least 3 members to its board of directors: Alabama, Alaska, Arkansas, Connecticut, DC, Florida, Hawaii, Idaho, Illinois, Louisiana, Missouri, New York, North Dakota, Texas and West Virginia.

Items Reserved For Decision by the Board of Directors. The laws of most state corporate codes have a provision to the effect that the operation of corporation is vested in the board of directors. The board of directors, in turn, then delegate a portion of that authority for the day-to-day operation of the corporation to officers. The question arises as to what consistites ordinary and normal business activities and what sorts of transactions are extra-ordinary that require board approval. Our form bylaws allow you to set spending and other limits for your officers in excess of which board approval is required.

Members. Nonprofit corporations are allowed to either have members or not have members. If a nonprofit corporation has members, they serve in an analogous position to shareholders in a business corporation including election of the directors (however, shareholders of a nonprofit would not have an interest in receiving a share of the corporation's income as there is none). If a corporation has no members, the board of directors is perpetual and self-election (i.e., vacancies on the board are filled by the remaining board members).

• Click here for standard business coporation bylaws
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