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How
to Start a Nonprofit: FAQs
Q:
What’s the difference between the articles of incorporation and
the bylaws?
A:
The articles of incorporation set up the basic terms of the
corporation, such as its purpose and board of directors. The bylaws
are the rules the organization adopts by which to govern itself. The
articles serve like the organization’s declaration of independence
and the bylaws are like its constitution and laws.
Q:
We are just a small group, do we need bylaws?
A:
No. Bylaws are not required but can help define the organization and
its governance structure. If questions arise down the road, bylaws
can help future staff and board members determine the actions that
must occur. Organizations that do not have bylaws must legally
default Minnesota Statute 317A, known as the Nonprofit Corporation
Act.
Q:
Why should I incorporate my organization?
A: Benefits to incorporating include the ability to
purchase property, accept donations, enter into contracts, and
dissolve when appropriate. Incorporating also provides limited
protection to the governing body of the organization, as long as no
wrong-doing by the board has occurred, they cannot be held liable.
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