...Unlike Articles of Incorporation, Bylaws do not need to filed with the state. However, Bylaws are an important document that lays out how the cooperative is to be governed. The governing body (whether it consists of an elected Board of Directors or all members of a collective[1]) must abide the Bylaws. Typically, a cooperative’s Bylaws can only be changed by a democratic vote (or in some cases, consensus [2]) of the membership. For this reason, cooperatives usually limit their Bylaws to fundamental governance-level issues. More specific operational procedures may be documented in policy manuals or handbooks, which can be changed as needed by Directors, (co-)managers, committee members, staff, or other bodies using approved decision-making processes. Bylaws are organized into sections, and most sections are broken up into subsections. In this document, only the lengthier sections are broken up into subsections for ease of reading. However, shorter sections can benefit from being broken down as well. Bylaws can be easily referenced when numbers or letters are assigned to sections and subsections. ------------------------------------------------- Cooperative Bylaws should include: I. Mission, purpose, and legal structure This section often includes the cooperative’s mission statement, vision statement, or stated purpose.[3] This is also a good place to restate the information outlined in the Articles of Incorporation. The Bylaws should agree with the Articles...
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...09/29/13 HCA524 Medical Staff Bylaws We live in a world filled with rules and regulations known as laws. These laws may constrain us at times, but laws provide direction and expectations for our behavior. Just as we have to follow laws as a society, there are professional rules and regulations designated by organizations. Medical staff bylaws are a set of rules established by hospitals to set up a framework for excellence in terms of quality of care, accountability and relationships between the medical staff and the governing body. The question asked is, are bylaws a contract? To answer this question we must look at three things: What defines a contract, analyze court cases to clarify the issue of contracts, and finally review the pros and cons for physicians and hospitals of medical staff bylaws as a contract. Definition of a Contract: According to Stuart Showalter (2012), there are four elements that define any contract: competent parties, meeting of the minds, consideration, and legal purpose. The competent parties consist of the hospitals, physicians, and medical staff personnel who are employed by the hospitals. Meeting of the minds occurs when hospitals create terms in the contract and the other party reviews and accepts these terms of the agreement. Here both parties must agree on the exact same terms as stated in the contract for a meeting of the minds to occur. Consideration, typically given in the form of money, can simply be an agreement...
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...THE NATIONAL INSURANCE CRIME BUREAU INTRODUCTION The National Insurance Crime Bureau was incorporated as a not for profit corporation in the State of Illinois on June 21, 1991. On September 9, 1991 the Internal Revenue Service issued its determination letter that the National Insurance Crime Bureau was exempt from federal income taxation as a social welfare organization under Section 501(c)(4) of the Internal Revenue Code. As organized, the purposes of the NICB are civic and educational, specifically: a. to formulate general policies for the prevention and detection of all insurance-related crime and fraud including, but not limited to, arson and theft of vehicles, equipment, marine and other; b. to gather pertinent information and data with respect to insurance-related crime and fraud and disseminate such information and data to Members, public officials and law enforcement officials consistent with applicable law; c. to act as an interfacing agency between insurance and other companies and the criminal justice system for the prompt investigation of insurance-related crime and fraud referred to the Corporation for investigation and to provide a deterrent to such activities; d. to conduct investigations of insurance-related crime and fraud and to facilitate, whether through litigation or otherwise, the recovery of stolen or wrongfully obtained property or funds and the return of this property or funds to the victims of insurance-related crime or fraud; e. to assist and cooperate...
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...CONSERVANCY IV. Summarization I. Introduction Corporate and organizational bylaws contain the rules and procedures that regulate the organization to which they apply and are generally concerned with the operation of the organization. It can govern the rights and powers of shareholders, directors, and officers. Generally, Bylaw of a corporation cannot be amended only by organization's board of directors. A super-majority vote of the membership, which means two-thirds present and voting or a majority of all the members, is usually required to amend bylaws. Therefore, corporation bylaw is an important regulation for the top of the company to restrict and supervise each other, and impel the members to achieve the common goal for the company. In order to further study the practical application of corporation bylaws， there are 5 actual corporation bylaws from different industries will be compared and analyzed later. II. Standard template of Corporation By-laws Bylaws widely vary from organization to organization, but generally cover topics such as how directors are elected, how meetings of directors (and in the case of a business, shareholders) are conducted, and what officers the organization will have and a description of their duties. Most lawyers have a prepared "standard" set of template bylaws that may be modified to meet your company's specific requirements. Here is a sample of corporation bylaws template: ARTICLE I. NAME & PURPOSE Section 1. Name Section...
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...1) Here are the rules (for the handbook) that we crafted regarding parking. Please review and let us know if they are acceptable. Article VI, Section 7 of the Condominium Bylaws allows for the Association to allocate or assign parking if there is a shortage or parking spaces. At the beginning of the rules, I would indicate that the parking rules are enacted to implement Article VI, Sections 5, 7 and 10 of the Condominium Bylaws and Article XI of the Condominium Bylaws. If you believe there is a parking shortage, I would also indicate that as well. With respect to the specific issues, my comments are as follows: #2 – I would clarify this to indicate that if the co-owner does not have a vehicle, the entire garage can be used for storage. If the co-owner only have 1 vehicle, they must park in the garage. If the co-owner has 2 vehicles, 1 must be parked in the garage and the other can be parked as provided in #3. #5 – I would indicate that only vehicles that are permitted under Article VI, Section 7 of the Condominium Bylaws may be parked in a garage or driveway. I would also define commercial vehicles as follows: Commercial vehicles will include vehicles or trucks with a curb weight of more than 10,000 pounds, overall length in excess of 21 feet, with more than two axles, vehicles with commercial license plates, vehicles with any commercial...
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...NEW GOVERNING BODY AND MEDICAL STAFF BYLAWS Company Legal Name: Fresenius Medical Care [located in Facility Database Application link under "Legal Name"] d/b/a (doing business as) Facility Name: Bio-Medical Application of Hillside [located in Facility Database Application link under "CMS/HCFA Cert 855 Letter Name"] [NOTE: if the name(s) normally used by the Facility is different than the “d/b/a” name above, you can also add the following a/k/a (also known as) names: a/k/a: Hillside FMC [commonly used facility name(s) inserted here, as applicable] Meeting of the Governing Body (6/23/11 A meeting of the Governing Body was held on (6/23/11) at the offices of the (FMC Hillside) at (11:00am). Present for the meeting were the following: Dr Stuart, Baskin MD Medical Director Margaret Milfort NP MSN, RN Director of Operations Maureen, Marshall RN Clinical Manager RVP Not present General Discussion/Overview The (Ken Neson), Regional Vice President directed the attendees’ attention to the termination of the previously implemented facility governing body bylaws and medical/professional staff bylaws and to the recently developed new Amended...
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...Newille have any authority of enacting any law in this area? - Also, the Charter of Rights and Freedoms must be considered if any violations are against the owner and to which extent to the cousin. - Is the competition law violated? Since the case relates to a matter of enforceability of a public law, we need to start from the very bottom. The municipal governments obtain their power to enact bylaws through the Municipal Government Act. The first issue that must be addressed is, if the city of Newille has any authority to enact a bylaw in regards to advertising in a manner contrary to public safety. The authority that the Provincial Government delegates to the Municipal Government gives a wide variety of power to control local matters by the way of bylaw. The law presented in the Sections 91/92 of the Constitution Act 1867, divide the authority to legislate between the federal and provincial governments. Since the issue addresses a local matter, it is likely that the city of Newille is able to make this kind of bylaw. The preliminary issue present in this case is that there is no statement from what will result that the cousin is a legitimate employee of the deli shop. Therefore it rises couples of issues, such as, for one, if the cousin is employed by the deli shop, if he gets...
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...Tucker Carper SPMT 200 10-28-14 High Schools Recruiting Athletes High school sports are an important aspect of many teenagers’ lives. High school student athletes work hard day in and day out during their respective seasons to be successful on the field, court or whatever playing surface they compete on. There are many things I love about high school sports, the competition, school pride, and the rivalries among other things. One thing that I cannot stand to see in high school sports is recruiting. I think people get so caught up in winning that they will do whatever it takes to do so. One of the greatest aspects of high school athletics is playing for your community, your school and for the tradition that both hold in the hearts and minds of the residents. To bring someone in who has no sense of the history or who takes little pride in playing for the name on the front of the jersey cheapens the game for those who grew up in the community they play for. These athletes are “hired guns” that often push others who have grown up playing for their schools to the end of the bench. Rob Jenkins, a former college basketball coach in Florida knows firsthand that recruiting takes place at the high school level. He feels the act of recruiting hurts the students more than anything else. He feels it terribly unfair. “As a parent, I thought that was unfair to our players. But it was especially unfair to the young men who had come up through that program, working hard and doing everything...
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...Charter of Rights and Freedoms — Fundamental freedoms — Freedom of expression — Reasonable limits — Oakes test — Motion to declare that a bylaw of the City of Nanaimo restricting large portable advertising boards to new businesses violated the Charter right to freedom of expression dismissed — City's objective to control proliferation of portable signs to address problem of visual pollution and balance public interests with commercial interests was pressing and substantive — Bylaw rationally connected to objective, as evidence indicated that number of signs dropped since bylaw — Bylaw minimally impaired right to freedom of expression, as smaller portable signs and other advertising means were available for businesses — Means used by city to address objective and its effects were proportional. Motion to declare that a bylaw of the City of Nanaimo restricting large portable advertising boards to new businesses violated the Charter right to freedom of expression — In order to curb proliferation of portable advertising signs, City of Nanaimo passed bylaw restricting use of portable boards 32 square feet in dimension to new businesses — Northridge Fitness Centre was a business located away from the highway that used a 32 square feet portable sign to advertise — Northridge was charged with violating the City's sign bylaw — Northridge claimed bylaw was unconstitutional — HELD: Motion dismissed — Restriction on use of portable sign was reasonable...
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...somewhat similar in structure but serve different purposes. “The constitution contains the fundamental principles of an organization and determines the responsibilities and rights of its officers and members. The by-laws deal with the detailed procedures and working guidelines of the organization and determine the routine operations of the organization” (A Constitution and bylaws workbook for prospective student organizations at Salem University). The constitution will spell out the assignment of officer positions within the club such as the president and vice president. Additional special assignments such as the treasurer, secretary and others may also be added as deemed necessary. As stated previously the constitution may also contain bylaws. These are more specific rules or laws such as meeting times, dues, membership requirements and voting privileges. A well written constitution will also state that these bylaws cannot be changed without some type of review and approval by the club before they can be changed. The degree of review is set forth in the constitution and bylaws. For example, if the bylaws state that the monthly meeting will be held on the third Monday of the month, which by law cannot be changed without a review and approval before the club members (or assembly). In other words, the sitting president or meeting chairperson cannot simply say he/she will conduct the meeting on the second Tuesday. That decision will have to be reviewed and voted on by the...
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...Situation: The Administration Committee of the Council for the City of Cambridge, Ontario faced a tough decision on how to respond to the recently enacted bylaw that regulated the sale, rental and exchange of adult videos. Adult Only Videos stand to gain or lose its business in this decision and needs to implement strategies ensuring its survival. Key Stakeholders: 1. Ontario Film Review Board: looking to lose its conservative image allowed more explicit videos. Media and public outcry forced the board to review its decision by including community members in process. It was losing credibility as several adult film distributers bypassed it due to lack of enforcement. 2. Police: Increasingly concerned about unregulated adult video stores and increase in sexual assaults. They did not agree with OFRB’s guidelines and worried about public complaints. They lacked resources for crackdown. 3. Public/Community: some justified the ban on videos for demeaning the beauty of sexual intimacy, destroying families and negatively effecting teenagers/young people. Overall, there were mixed reviews concerning social impact of these videos and the need for government regulation. 4. AOV: responded ban would create a black underground market that would prove more dangerous due to lack of regulation on video content and who viewed it. It rebuked the public/community claims by stating that it received responses both supporting and condemning its actions. Further, AOV supported regulating standards...
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...divisions based on region: north, south, east, and west. The two conferences stem from a merger of the NFL and AFL that was announced in 1966. . The Constitution and Bylaws of the NFL, as they are today, were set in place in 1970 after the AFL and NFL merged. However, these rules can be amended each year at an annual meeting with a three-fourths vote from the member clubs, or teams. The highest executive in the NFL is the Commissioner, and has the most power within the league. The Commissioner, currently Roger Goodell, has oversight over the entire league as the principal executive officer. Rather than a board of directors, Goodell has final authority in the way the league functions. The voting requirements and procedures for the selection of or successor to the office of Commissioner are determined by the affirmative vote of two-thirds of the members, or teams, of the league. The group which casts the vote is known as the Executive Committee consisting of one individual to represent each team; these individuals are chosen based on each teams own organizational structure. The Commissioner holds many different responsibilities with an overlying understanding that he is the sole voice to interpret, enforce, and on occasion establish, policy and procedure in respect to the provisions set forth in the Constitution and Bylaws. This includes settling disputes between clubs, settling...
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...PING PONG CLUB BYLAWS Ping Pong Club (Greater Latrobe Senior High School) BYLAWS ARTICLE I Name and Territorial Limits Section 1. The name of this club shall be Ping Pong Club Section 2. The territorial limits of this club shall be that territory designated as Greater Latrobe Senior High School ARTICLE II Objects Section 1. The objects of this club shall be: a) Promote the game of ping pong. b) Relieve the stress of students through ping pong c) Give students a fun way to spend time after school Section 2. No part of the net earnings of any Club shall inure to the benefit of, or be distributable to, its directors, officers, members, or other private persons, except that each Club shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of its exempt purposes. ARTICLE III Members Section 1. Classes. There shall be two classes of members: Officers and regular members Section 2. Privileges of membership. a. All members whose participation meets the requirements set forth in these bylaws, may speak, make motions and vote. b. Only members in good standing and high participation may run for office. c. All members have the right to play ping pong after school every second and fourth Tuesday of the month Section 3. Admission to membership. All that is necessary to sign up for ping pong club is a signature on a member...
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...Public Company Accounting Oversight Board Bylaws and Rules – Standards – AS3 AUDITING STANDARD No. 3 – Audit Documentation June 9, 2004 AUDITING AND RELATED PROFESSIONAL PRACTICE STANDARDS Auditing Standard No. 3 – Audit Documentation [Effective pursuant to SEC Release No. 34-50253; File No. PCAOB-2004-05, August 25, 2004] 302 As of February 15, 2005 Public Company Accounting Oversight Board Bylaws and Rules – Standards – AS3 Auditing and Related Professional Practice Standards Auditing Standard No. 3, Audit Documentation [supersedes SAS No. 96, Audit Documentation] Introduction 1. This standard establishes general requirements for documentation the auditor should prepare and retain in connection with engagements conducted pursuant to the standards of the Public Company Accounting Oversight Board ("PCAOB"). Such engagements include an audit of financial statements, an audit of internal control over financial reporting, and a review of interim financial information. This standard does not replace specific documentation requirements of other standards of the PCAOB. Objectives of Audit Documentation 2. Audit documentation is the written record of the basis for the auditor's conclusions that provides the support for the auditor's representations, whether those representations are contained in the auditor's report or otherwise. Audit documentation also facilitates the planning, performance, and supervision of the engagement, and is the basis for the review of the quality...
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...solo decisions in deciding in the affairs of our community. Not like the previous board where all board members participated in making decisions. Furthermore, our bylaws call for five directors, but only Noris is making the decisions, hence her petition to remove my dwarf tree becomes invalid. She is in violation of Corp. Code Section 7512. Transacting business not authorized in our bylaws. A meeting of members of the board with less than a quorum. In addition, they have also indicated that the removal of several types of trees in our complex common area, especially dwarfs "Lemmon Trees" is detrimental to our environment to the point where honey bees are being placed on the endangered list by our state and federal officials; they are critical to the ecosystem in pollination and are dying...
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