Labels

Friday, June 4, 2010

By-law Checklist



Corporate Registry cannot file your by-laws unless they contain all of the following items. These items are a requirement of Section 5 (4) of the Societies Act. Review your by-laws with this checklist to make sure you have included all required or necessary items. Put a beside each item on the list once you have found it in your by-laws. Send two copies of
your by-laws to British Columbia Government Services Registries along with the special resolution of the members.
Membership
Terms of admission of members. Who is qualified to be a member of your society? What must they do to join your society?
Rights and responsibilities of members. What rights and responsibilities do your members have? Do they lave the right to attend meetings? Are they responsible for behaving in accordance with the by-laws and objectives of the society?
Resignation or expulsion of members. How does a member resign? In writing? By telephone? Can a member be expelled? What are the grounds for expulsion?
Voting rights. What are the members' voting rights? Can they vote only in person? Can they
vote by proxy (i.e. have someone else vote for them)?
Meetings
Calling annual and general meetings. How will members be notified of annual and general meetings? By letter? By telephone? How many days notice will they be given?
Calling special meetings. How will members be notified of special meetings? By letter? By telephone? How many days notice will they be given?
Quorum at general meetings. What is the minimum number of people (quorum) that need to be present to carry on business at a general meeting?
Quorum at special meetings. What is the minimum number of people (quorum) that need to be present to carry on business at a special meeting?
Directors and Officers
Appointment and removal of directors. How will directors or officers be appointed? How will they be removed from office if they' don't do the job they've been appointed to do? Will all your members be directors or officers? You must say so if this is the case.
Duties of directors. What are the duties of the directors or officers? Example: the secretary has to take minutes at all meetings of the society.
Powers of directors. What are the powers of the directors or officers? Example: the directors can manage the affairs of the society.
Payment to directors. Will the directors or officers be paid? If they won't be paid, you must state this in the bylaws.
Financial Affairs
Auditing the books. The books of the society must be audited once a year. Your by-laws must say this. You may wish to say when the audit will be done and who will do it.
Borrowing money. Will the society be able to borrow money? Your by-laws must address this issue.
Minutes, Books and Records
Preparing and keeping the minutes of the society meetings. Who is responsible for taking minutes at society meetings? Who is responsible for keeping these minutes?
Preparing and keeping the minutes of the directors' meetings. Who is responsible for taking minutes at directors' meetings? Who is responsible for keeping these minutes?
Preparing and keeping other books and records. Who is responsible for preparing other books and records? Who is responsible for keeping these items?
Inspecting books and records. Do the society's members have the right to inspect the books and records? When? Where?
Other
Keeping and using the society's seal. Who is responsible for keeping the society's seal? Who has permission to use the society's seal?
Changing the by-laws. The by-laws must say that in the future, the by-laws can only be changed by a special resolution of the members.

No comments:

Post a Comment