Amendment of bye laws

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

06 December 2015 Please can any one tell me procedure of amendment of society bye laws which is registered 20 years back?

Querist : Anonymous

Querist : Anonymous (Querist)

06 December 2015 Thanking you sir

please kindly help me as early as possible

Aashok Kumar Sharma online

Aashok Kumar Sharma online

(Expert)
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14 July 2024 Amending the bylaws of a society that was registered 20 years ago typically involves following a specific procedure outlined in the governing law under which the society is registered. Since procedures can vary by jurisdiction, it's essential to consult the specific laws that govern societies or nonprofit organizations in your region. However, here's a general procedure that might apply:

### Steps to Amend Society Bylaws:

1. **Review Current Bylaws**: Obtain a copy of the existing bylaws of the society. These should outline the current rules and procedures governing the society.

2. **Proposal for Amendment**: Determine what changes are needed or desired. This could include updates to reflect current practices, address new legal requirements, or accommodate changes in the society's activities or membership.

3. **Drafting the Amendments**: Prepare a draft of the proposed amendments. Clearly mark all changes and additions for clarity.

4. **Approval by Governing Body**: Typically, the proposed amendments must be approved by the governing body of the society. This is usually the board of directors or an equivalent body depending on the structure outlined in the existing bylaws.

5. **Special Resolution**: In many jurisdictions, amendments to bylaws require a special resolution passed by a specific majority of members. This might be two-thirds or three-fourths of members present and voting at a general meeting.

6. **Notice of Meeting**: Provide proper notice of the meeting where the amendment(s) will be discussed and voted upon. This notice period is often specified in the current bylaws and can range from a few days to several weeks.

7. **Voting**: Hold the meeting and vote on the proposed amendments. Document the proceedings accurately, including the number of votes for and against each amendment.

8. **Filing and Registration**: After the amendments are approved by the required majority, file the amended bylaws with the relevant government authority responsible for registering societies or nonprofits. There might be a prescribed form or procedure for this submission.

9. **Communication**: Once approved and registered, ensure all members are informed of the changes to the bylaws. This might involve distributing updated copies of the bylaws or notifying members electronically.

10. **Implementation**: Begin operating according to the amended bylaws once they are legally registered and communicated to all members.

### Additional Considerations:

- **Legal Advice**: It can be beneficial to seek legal advice to ensure that the proposed amendments comply with current laws and regulations.

- **Consistency**: Ensure the amendments do not contradict any higher laws or regulations governing societies in your jurisdiction.

- **Record Keeping**: Maintain records of all meetings, votes, and communications related to the amendment process for future reference.

By following these steps and adhering to the specific requirements of your jurisdiction, you can effectively amend the bylaws of your society that was registered 20 years ago. Each step ensures transparency, compliance, and proper governance throughout the process.

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