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May we have two separate sets of bylaws for members?

We have a nonprofit with 200 "shareholders" that is trying to include a statement in the bylaws that no amendment would apply to certain specific people. That would indicate, in the event of any amendment, we would actually have two separate bylaws - - one for certain named individuals and another for the remaining majority. Is it legal to have two separate sets of bylaws?

Answer

Can we stop moms from barbecue fundraising?

Parents on one of the teams in our nonprofit sports league have taken it upon themselves to do fundraising. They barbecue and sell food during the games. We have a snack hut so they are competing with the organization. They say as team moms they are allowed to do any fundraising for the team if they want. Is this true?

Answer

Ask Don your nonprofit questions directly!


Talk with the Editor

Thursday, December 15th
1:00 PM Eastern Time


You can ask your personal nonprofit legal questions directly to editor Don Kramer on one of our regular conference telephone calls. 

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Question of the Week

December 6-13, 2016
I'm volunteering as part of a grassroots effort to organize a peaceful march in Washington D.C. next year, helping to share information with participants from my state who plan to make the trip.  Some of the state volunteers are starting to worry that we could be open to civil suits if people run into issues en route to or at the event.  The national planners are supposedly setting up a 501(c)(3) but haven’t done it yet.  How can we volunteers best protect ourselves from liability? Answer

Employment Law

NEW
December 5, 2015

A union member may compel a union, incorporated under the Oregon Nonprofit Corporation Act, to...Read more

Fired employee can’t recover from co-workers

The fired deputy director of the Marshfield...

Employee may proceed with discrimination suit

An employee allegedly told that she was...

Discovery request too broad; response too narrow

In a discrimination case where the plaintiff...

The Nonprofit Library-Suggestion of the Week

The Nonprofit Board Answer Book: A Practical Guide for Board Members and Chief Executives
By BoardSource

An essential guide to good governance for board leaders at all levels of experience and expertise

This third edition of the bestselling book for nonprofit board members and professionals offers a thoroughly revised and updated resource that answers the most-commonly asked question on board governance. The book covers such topics as board structure and process, board member recruitment and orientation, board-staff relations, and financial management. This new edition includes updated information on topics that have recently increased in importance including new Form 990; dealing with the financial crisis, risk management, and mergers.

Lead Stories

NEW
December 5, 2016

How extensive is the authority of the board of directors of a nonprofit corporation to act? ...

Board Can’t Bar Director For Breach of Confidentiality

The board of directors of a nonprofit...

Who Speaks for the Animals?

“The question of who can speak for the...

Lessons from Litigation

NEW
December 5, 2016

The Salvation Army office in New York cannot open an estate proceeding that gave $1.5 million...Read more

Hockey league not liable for criminal fight

The New York Court of Appeals has reversed...

Harvard students lack standing to challenge endowment

The Appeals Court of Massachusetts has...

Court refuses to invade principal of trust

An appellate court in Pennsylvania has...

Tax Matters

NEW
December 5, 2016

Real estate occupied solely by a wholly controlled subsidiary of a volunteer fire company is...Read more

Court denies deduction for unauthorized gift from trust

The Tax Court has denied a charitable...

Non-existent entity not entitled to exemption

The Internal Revenue Service and a federal...

Habitat exempt from on tax vacant lot

The Supreme Court of Oregon has overruled a...

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