Legal Question in Business Law in California

Legal Requirement in writing school by-laws

We are making changes to our school (corporation)by-laws and were told that an attorney had to do this. Could you tell me where I can find information regarding by-laws and what makes them legal. We are a small non-profit preschool and can't afford a large legal bill.

Does an attorney have to write or review by-laws?


Asked on 2/28/99, 6:58 pm

2 Answers from Attorneys
Robert E. Drescher Law Offices of Robert E. Drescher

Re: Legal Requirement in writing school by-laws

An attorney is not required to write or review your by-laws, hwever, it always best if one does.

Where are you located?? You can always go to thelocal Law Library and look

up the information in Mathew Bender's books of other practice

guides put out by various organizations.

Also, since you are a small non-profit group, several lawyer

groups may provide free or reduced rates to assist you.

Feel free to contact me for more information.

Robert E. Drescher

Law Offices of Robert E. Drescher

23958 Avenida Crescenta


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Answered on 3/02/99, 8:39 pm
Jed Somit Jed Somit, Attorney at Law

Re: Legal Requirement in writing school by-laws

The statutes governing nonprofit corporations' legal structure and responsibilities (not

tax treatment) are found at California Corporations Code Section 5000 and following. Section 5151 contains the requirements

for the bylaws.

Sample bylaws can be found in many "self-help" books, by looking at other recently organized nonprofits' bylaws, or in

law libraries.

A lawyer is not needed. Clarity of how directors are elected and replaced, and who is allowed to vote, is required. Note that

many errors can be corrected by amendment.

Jed Somit

Jed Somit, Attorney at Law

1440 Broadway - Suite 910


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Answered on 3/03/99, 12:17 pm


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