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Crime Stoppers International, Inc.
Corporate Office
P.O. Box 1219
Keewatin, ON P0X 1C0
CANADA

800.850.7574
(U.S. and Canada)

905 951 4806
(Outside U.S. and Canada)

905.951.2416
(Corporate Telecopier)

CSI Email Contact

Sample Bylaws and Information.

Generally nonprofit groups organize in accordance with the prevailing laws of their state, or country. In the US, a nonprofit group may organize as a corporation or it may also form as an unincorporated entity referred to as an association.

A corporation in the US has similar characteristics to an Association in Canada. References to Corporations in this presentation, refer to incorporated Corporations in the US or similar entities (Associations) in Canada. Reference to associations is referring to non-incorporated entities under US laws.

A corporation in the US is governed by the laws of the State in which it incorporates. The laws vary between the States. Each state requires that when a nonprofit organizes as a corporation, that it register with the State and that it file Articles of Incorporation with the State.

1. Articles of Incorporation:

   The Articles of Incorporation are the organizing instruments of the Nonprofit Corporation. They generally establish the following:

   • Name of the Corporation

   • Period of Duration- normally perpetual

   • Purpose for which the Corporation is organized

   • Provisions for regulation of internal affairs

   • Address of registered office and name of agent- (initial office only)

   • Name and address of initial board of directors

   • A dissolution clause that provides that assets be distributed only to another nonprofit corporation upon termination or liquidation of the Corporation.

   There may be some other requirements depending upon State Laws. A copy of these articles must be filed with the State authority that regulates the Corporation. The State agency will issue a Certificate of Incorporation, or Charter upon acceptance of the Articles of Incorporation. From that point forward, the Articles are the legal document that establishes the broad purposes and powers of the Corporation.

   Amendments to the Articles of Incorporation must be filed and approved by the State agency, and an approved copy is filed with the annual report (990) filed with IRS.

2. Bylaws

   Bylaws are the functional rules adopted by the Corporation for its governance. They provide automatic channels for handling internal procedural matters: elections, meetings, etc. The Bylaws establish the structure of the organization, and set the duties and rights of the members, officers, and board of directors. The more common provisions of Bylaws.

   The Board of Directors usually adopts the initial bylaws of the Corporation. Depending upon state law, the power to adopt, amend or repeal the bylaws is vested in the Board of Directors. The bylaws are the internal management rules of the organization. The Bylaws may not contradict the Articles of Incorporation.

   Amendments to the bylaws must be filed with the IRS and the usually with the State of incorporation. Some State Laws read that "Bylaws shall be void until filed with the State Corporate Commission."

3. Constitution (not recommended in US)

   The term Constitution as used for organizations in the United States refers to the organizing instrument used for Unincorporated Associations. These groups will generally organize using a Constitution or articles of association. The Constitution would be similar to the articles of incorporation, but may not hold the same power of authority that a corporate document would.

   In a 1995 "Caller" article by Judge Carter he stated " The term constitution is vague and general. It is generally applied to the basic governing document of an unincorporated organization." Judge Carter continues by quoting Howard L. Oleck, Non Profit Corporation Organizations and Associations (Fifth Edition) "Experienced lawyers, aware of the uncertain and varied meanings of the word, avoid using constitution in relation to nonprofit organizations."

From California State Crime Stoppers: Contains information for Incorporating a Crime Stopper Program in California. Sample Articles of Incorporation, Bylaws, Minutes, and discussion outline. These forms although specific to California, have some examples that could be tailored to fit other states.

To be recognized as a Nonprofit Charitable Corporation under Section 501(C) of the US Internal Revenue Code, a corporation must file for an exemption. IRS requires that a copy of the Articles of Incorporation and Certificate of Incorporation be filed with them as part of this process.

For more information and a sample form 1023 see
Government Forms for Newly Formed Crime Stoppers