Draft Non-Profit Bylaws (Societies Act FAQs) - Revision history

PLEO at 22:41, 12 January 2024

2024-01-12T22:41:05Z

← Older revision		Revision as of 22:41, 12 January 2024
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	{{Societies Act FAQs TOC}}		{{Societies Act FAQs TOC}}
	{{REVIEWED \| reviewer = [[Pacific Legal Education and Outreach Society]] (PLEO) in ~~May 2021~~}}		{{REVIEWED \| reviewer = [[Pacific Legal Education and Outreach Society]] (PLEO) in January 2024}}
	==Bylaws==		==Bylaws==
	===What are bylaws?===		===What are bylaws?===

PLEO: /* Major Differences Between Schedule 1 and Schedule B Bylaws */

2024-01-12T22:39:39Z

Major Differences Between Schedule 1 and Schedule B Bylaws

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	\| Annual membership dues, if any, are determined by the board \|\| Annual membership dues are determined at the annual general meeting \|\| Not required		\| Annual membership dues, if any, are determined by the board \|\| Annual membership dues are determined at the annual general meeting \|\| Not required
	\|-		\|-
	\| A member not in good standing ceases to be a member after six months \|\| A member not in good standing ceases to be a member after 12 months \|\| Good standing is not defined		\| A member is not in good standing if they failed to pay membership fees; A member not in good standing ceases to be a member after six months \|\| All members are in good standing except those with unpaid membership fees; A member not in good standing ceases to be a member after 12 months \|\| Good standing is not defined
	\|-		\|-
	\| A member not in good standing may not vote in a general meeting \|\| Silent \|\| Good standing is not defined		\| A member not in good standing may not vote in a general meeting \|\| Silent \|\| Good standing is not defined
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	\| Quorum for a general meeting is three members of 10% of all members, whichever is greater \|\| Quorum for a general meeting is three members, or more if determined at a general meeting \|\| Quorum is three members, unless bylaws provide for a higher threshold		\| Quorum for a general meeting is three members of 10% of all members, whichever is greater \|\| Quorum for a general meeting is three members, or more if determined at a general meeting \|\| Quorum is three members, unless bylaws provide for a higher threshold
	\|-		\|-
	\| Any member may be appointed to be the chair. Rules about who becomes the chair if none is appointed are similar to the old restrictions \|\| Restrictions on who may chair a meeting, with the president or vice-president being the default \|\|		\| Any member may be appointed to be the chair. Rules about who becomes the chair if none is appointed are similar to the old restrictions \|\| Restrictions on who may chair a meeting, with the president or vice-president being the default \|\| Silent
	\|-		\|-
	\| A notice of a general meeting must state the nature of any special business in sufficient detail to permit a member to form a reasoned judgement concerning that business \|\| Silent \|\| Set out in act		\| A notice of a general meeting must state the nature of any special business in sufficient detail to permit a member to form a reasoned judgement concerning that business \|\| Silent \|\| Set out in act

PLEO: /* What can’t be in the non-profit society’s bylaws? */

2024-01-11T22:35:29Z

What can’t be in the non-profit society’s bylaws?

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	The non-profit’s bylaws can’t contain any rules that are in conflict with the ''Societies Act''. Any bylaw in conflict with the ''Societies Act'' is invalid and has no effect.		The non-profit’s bylaws can’t contain any rules that are in conflict with the ''Societies Act''. Any bylaw in conflict with the ''Societies Act'' is invalid and has no effect.

	~~Policies~~ that govern the day-to-day operations of a non-profit should not be in the bylaws.		As a best practice, policies that govern the day-to-day operations of a non-profit should not be in the bylaws.

	==Model Bylaws==		==Model Bylaws==

PLEO: /* What needs to be in the non-profit society’s bylaws? */

2024-01-11T22:34:35Z

What needs to be in the non-profit society’s bylaws?

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	===What needs to be in the non-profit society’s bylaws?===		===What needs to be in the non-profit society’s bylaws?===
	At a minimum, these bylaws must contain rules regarding all of the matters listed in [https://www.bclaws.gov.bc.ca/civix/document/id/lc/statreg/15018_01#section11 s. 11] of the ''Societies Act.'' Both the Schedule 1 (Model) Bylaws and the old Schedule B Bylaws fulfill the minimum requirements. ~~Per~~ s. 11, the minimum requirements for bylaws are:		At a minimum, these bylaws must contain rules regarding all of the matters listed in [https://www.bclaws.gov.bc.ca/civix/document/id/lc/statreg/15018_01#section11 s. 11] of the ''Societies Act.'' Both the [https://www.canlii.org/en/bc/laws/regu/bc-reg-216-2015/latest/bc-reg-216-2015.html#Schedule_1__23022 Schedule 1 (Model) Bylaws] and the old [https://www2.gov.bc.ca/assets/gov/employment-business-and-economic-development/business-management/permits-licences-and-registration/registries-other-assets/schedule_b_bylaws.pdf Schedule B Bylaws] fulfill the minimum requirements. Under [https://www.bclaws.gov.bc.ca/civix/document/id/lc/statreg/15018_01#section11 s. 11], the minimum requirements for bylaws are:
	*Membership:		*Membership:
	**how members are admitted;		**how members are admitted;

Desy Wahyuni at 00:27, 29 May 2021

2021-05-29T00:27:58Z

← Older revision		Revision as of 00:27, 29 May 2021
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	{{Societies Act FAQs TOC}}		{{Societies Act FAQs TOC}}
			{{REVIEWED \| reviewer = [[Pacific Legal Education and Outreach Society]] (PLEO) in May 2021}}
	==Bylaws==		==Bylaws==
	===What are bylaws?===		===What are bylaws?===

PLEO: /* Can the non-profit adopt a modified version of the Model Bylaws? */

2021-05-13T17:27:56Z

Can the non-profit adopt a modified version of the Model Bylaws?

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	===Can the non-profit adopt a modified version of the Model Bylaws?===		===Can the non-profit adopt a modified version of the Model Bylaws?===
	Yes, the non-profit can alter the Model Bylaws to meet its needs, as long as the modifications are not in conflict with the ''Societies Act''. Some modifications to the Model Bylaws a non-profit might want to consider include:		Yes, the non-profit can alter the Model Bylaws to meet its needs, as long as the modifications are not in conflict with the ''Societies Act''. Some modifications to the Model Bylaws a non-profit might want to consider include:
	*Allowing for members’ meetings to be held electronically		*Allowing for members’ meetings to be held electronically;
	*Restricting access to s. 20 (2) records (board minutes and accounting records)		*Restricting access to s. 20(2) records (board minutes and accounting records).
	Some modifications a non-profit might want to consider for Schedule B bylaws:		Some modifications a non-profit might want to consider for Schedule B bylaws:
	*Allowing for emailing the notice of a members’ meeting (AGM/SGM)		*Allowing for emailing the notice of a members’ meeting (AGM/SGM);
	*Removing the debentures limitation		*Removing the debentures limitation;
	*Clarifying how officers are appointed		*Clarifying how officers are appointed;
	Removing seal provisions (non-profits do not need to have a seal under the ''Societies Act'')		*Removing seal provisions (non-profits do not need to have a seal under the ''Societies Act'').
	__NOGLOSSARY__		__NOGLOSSARY__
	{{Societies Act FAQs NavBox}}		{{Societies Act FAQs NavBox}}

PLEO: /* Can the non-profit adopt a modified version of the Model Bylaws? */

2021-05-13T17:27:08Z

Can the non-profit adopt a modified version of the Model Bylaws?

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	==Hybrid (Modified Model Bylaws)==		==Hybrid (Modified Model Bylaws)==
	===Can the non-profit adopt a modified version of the Model Bylaws?===		===Can the non-profit adopt a modified version of the Model Bylaws?===
	Yes, the non-profit can alter the Model Bylaws to meet its needs, as long as the modifications are not in conflict with the Societies Act. Some modifications to the Model Bylaws a non-profit might want to consider include:		Yes, the non-profit can alter the Model Bylaws to meet its needs, as long as the modifications are not in conflict with the ''Societies Act''. Some modifications to the Model Bylaws a non-profit might want to consider include:
	*Allowing for members’ meetings to be held electronically		*Allowing for members’ meetings to be held electronically
	*Restricting access to s. 20 (2) records (board minutes and accounting records)		*Restricting access to s. 20 (2) records (board minutes and accounting records)

PLEO: /* Can the non-profit create its own custom bylaws? */

2021-05-13T17:26:35Z

Can the non-profit create its own custom bylaws?

← Older revision		Revision as of 17:26, 13 May 2021
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	==Custom Bylaws==		==Custom Bylaws==
	===Can the non-profit create its own custom bylaws?===		===Can the non-profit create its own custom bylaws?===
	Yes, as long as the non-profit’s bylaws cover the minimum requirements ~~(see “What needs to be in the non-profit’s bylaws?”)~~ and are not in conflict with the ''Societies Act.''		Yes, as long as the non-profit’s bylaws cover the [[Draft_Non-Profit_Bylaws_(Societies_Act_FAQs)#What_needs_to_be_in_the_non-profit_society.E2.80.99s_bylaws.3F\|minimum requirements]] and are not in conflict with the ''Societies Act.''

	==Hybrid (Modified Model Bylaws)==		==Hybrid (Modified Model Bylaws)==

PLEO: /* What are the differences between the Schedule 1 and Schedule B bylaws? */

2021-05-13T17:24:26Z

What are the differences between the Schedule 1 and Schedule B bylaws?

← Older revision		Revision as of 17:24, 13 May 2021
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	The Schedule B Bylaws can be found at [https://www2.gov.bc.ca/assets/gov/employment-business-and-economic-development/business-management/permits-licences-and-registration/registries-other-assets/schedule_b_bylaws.pdf BC Registry Services].		The Schedule B Bylaws can be found at [https://www2.gov.bc.ca/assets/gov/employment-business-and-economic-development/business-management/permits-licences-and-registration/registries-other-assets/schedule_b_bylaws.pdf BC Registry Services].

	~~===What are the differences between the Schedule 1 and Schedule B bylaws?===~~
	Schedule 1 of the ''Societies Act,'' also known as the Model Bylaws, are example bylaws that can be adopted by a non-profit under the ''Societies Act.'' They are similar to the Schedule B bylaws in the old ''Society Act'' with some important changes. A comparison of the two sets of bylaws can be found below.

	==Major Differences Between Schedule 1 and Schedule B Bylaws==		==Major Differences Between Schedule 1 and Schedule B Bylaws==

PLEO at 17:23, 13 May 2021

2021-05-13T17:23:33Z

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	Policies that govern the day-to-day operations of a non-profit should not be in the bylaws.		Policies that govern the day-to-day operations of a non-profit should not be in the bylaws.

			==Model Bylaws==
	===Is there a set of generic bylaws the non-profit can use? Where can I find example bylaws?===		===Is there a set of generic bylaws the non-profit can use? Where can I find example bylaws?===
	The non-profit does not need to draft bylaws from scratch, although that is certainly an option.		The non-profit does not need to draft bylaws from scratch, although that is certainly an option.
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	In either case, the bylaws should reflect the nature, character, and operation of the non-profit, its board, and members.		In either case, the bylaws should reflect the nature, character, and operation of the non-profit, its board, and members.

	~~==Model Bylaws==~~
	===What are the Model Bylaws (Schedule 1)?===		===What are the Model Bylaws (Schedule 1)?===
	The Model Bylaws are provided as an example of a set of bylaws that a non-profit can adopt when it is incorporated.		The Model Bylaws are provided as an example of a set of bylaws that a non-profit can adopt when it is incorporated.