Legal Question in Administrative Law in California
Our 501c3 states in its bylaws that there will be a biennial meeting during the first six months of every even numbered year. In 2012 it would be easier for a number of reasons to hold the meeting in October. Is there a way to "postpone" the meeting until October without violating the bylaws?
1 Answer from Attorneys
If you are a nonprofit public benefit corporation, under Corporations Code section 5150 the board may amend the bylaws to allow the later meeting date provided (a) the bylaws do not themselves forbid the board to modify them, and (b) the later date does not materially and adversely affect the rights of the members to vote. However, I do not that you have not said what type of entity you are - 501(c)(3) is a taxation status, not a form of entity - nor whether the meeting is a board or a membership meeting. I do recommend properly amending the bylaws rather than ignoring or working around them.
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