Bylaws can be defined as rules that are set forth by organizations or communities with the aim of self-regulation. The fact that they are set up by relatively small groups of people such as organizations or communities means that they vary greatly from place to place. However, these laws are usually subject to oversight by a higher authority. For instance, if a town or organization comes up with a set of bylaws, it has to make sure that they adhere to the constitution or the state’s laws.
Most people imagine that these laws are only set up by civic bodies such as town councils. However, other entities such as businesses and neighborhood associations can also come up with these laws. In the United States, the federal government and in some instances state governments have no means to directly regulate or oversee these laws, but they have to be in line with the constitution.
In businesses, bylaws are usually put in place to regulate the manner in which the company is run. They are usually drafted by the business owners or as indicated in the company’s Articles of Incorporation or business Charter. Examples of bylaws in this setting include regulations on the elections of directors, the organization’s goal and how employees are supposed to conduct themselves. In most instances, an organization cannot exist formally until these bylaws are drafted and adopted.
Drafting of bylaws can be tricky for some because they have to not only conform to the laws of the land, but also be as clear as possible. It is also necessary that they be comprehensive regarding the subject matter they cover. It is therefore prudent for people mandated with the task of drafting bylaws to work hand in hand with legal firms to ensure success.