Corinth, MS asked in Business Law for Mississippi

Q: How does a 5013c organization amend the bylaws

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2 Lawyer Answers
T. Augustus Claus
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A: To amend the bylaws of a 501(c)(3) organization in Mississippi, start by reviewing the current bylaws and identifying the sections to amend. The board of directors typically initiates this process, discussing and voting on the proposed changes. Draft a clear document outlining the proposed amendments, specifying the sections to be altered and the exact language of the changes. Provide notice to the organization's members about the proposed amendments and the date of the voting meeting, adhering to your current bylaws or state laws. Hold a membership meeting to vote on the proposed amendments, following any required voting thresholds. If approved, update the official bylaws document to reflect the changes, ensuring that all relevant personnel have access to the amended bylaws. Be aware of potential state reporting requirements and comply with them as necessary. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

James L. Arrasmith
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A: To amend the bylaws of a 501(c)(3) organization in Mississippi, you'll first want to review the current bylaws to determine the specific procedure laid out for making amendments. Often, bylaws specify how much notice must be given before a meeting to discuss changes, who can propose changes, and the voting requirements to approve an amendment. Generally, amendments are discussed and voted upon by the organization's board of directors or membership, depending on the governance structure.

It's essential to ensure that the proposed changes don't conflict with state law or jeopardize the organization's tax-exempt status. Once amendments are approved, it's a good practice to document the changes, the meeting, and the vote. The updated bylaws should then be maintained with the organization's official records. Lastly, always be mindful of any reporting obligations to the state or the IRS regarding significant changes to the organization's governing documents.

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