I definitely agree with JHB (great job, JHB!). I would only add one thing. We too seem to have our constitution and bylaws combined. If you ever intend to file for non-profit status (501(c)(3)), you will need a separate constitution or articles of organization. (At least that's my understanding.) The constitution is what you send with your application as proof that you are indeed an organization. Since you're just startin up now this is probably the best time to do it.
I'm not a lawywer, but here's what I believe those pieces mean:
1) This one is a pretty standard phrase that basically means you are a neutral entity and that the organizations' purpose does not include engaging in business/commerce(non-commercial); it is not associated with a religious purpose (nonsectarian); and it is not affiliated with a political organization (non-partisan). It's probably a good idea to keep this in your document.
2) "Unincorporated" probably refers to your business status as an organization. Many non-profits file the paperwork with their state to incorporate and be seen as a single business entity rather than just a collection of individuals. Many others do not bother with this and are "unincorporated". If you had gone to the trouble to incorporate, you would likely know, so this is probably true as written.
3) An organization generally has two foundational documents. The Constitution or Articles of Association and the By-Laws. The Constitution or Articles of Association are what create the organization, specify its name, purpose, and some basic information about its structure and policies. The By-Laws are more specific giving the RULES by which the organization operates.
You may have accidentally merged the Constitution and By-Laws, but they are actually two different things. You may want to look at some of the sets that PTO Today Forum members have provided to see what tye of information goes in which document.
Good luck at your meeting.
[This message has been edited by JHB (edited 08-13-2001).]
Help me fast PLEASE! We are about to finish our bylaws. There are a few areas that I need help with. Please note we are a PTO.
1. In the area of POLICIES-I have seen "The PTO is a non-commercial, nonsectarian, and non-partisan organization". What exactly does this mean and do we really need it in our bylaws?
2. In the area of ARTICLES OF ORGANIZATION- The _____PTO exists as a non-profit, unincorporated organization of its members. Then it mentions "Its Articles of Organization as from time to time amended, exists as a separate exhibit of these bylaws" 2-part question is What is this unincorporated about, and What are the article of organization. We are a brand new school and we just wrote our own bylaws and got started.
Please respond with any and all comments ASAP We have a meeting Monday and I'm getting frazzled.....AAAAHHHHHHHHHHHHHHHH
