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Commonly Asked Questions about Bylaws of Public Corporations

After the corporate existence has begun, an organization meeting of the incorporator or incorporators must be held for the purpose of adopting by-laws, electing directors and transacting any other business. (See Section 404 of the Business Corporation Law.)
They contain the basic rules for the conduct of the corporations business and affairs. The bylaws may contain any provision for managing the business and regulating the corporations affairs that is not inconsistent with statutory law or the corporations Articles of Incorporation.
They are necessary. Your nonprofit does not need to file bylaws with the Texas Secretary of State, but they are required to obtain tax-exempt status with the IRS.
It is important to realize, however, that bylaws are not required as a matter of law with one exception. Bylaws are required when the articles of incorporation do not specify the number of directors in a corporation.
Your bylaws are a legally binding agreement and your members must adhere to them. Board members, officers, or employees who violate your bylaws could place your nonprofit in jeopardy by opening up the possibility for legal investigations and entanglements.
Bylaws are a set of rules, regulations and procedures that govern the internal management of a corporation. The board of directors is responsible for preparing and maintaining these bylaws.
Corporations are legally required to adopt bylaws in Texas Section 21.057 of the Texas Business Organizations Code states that the board of directors of a corporation shall adopt initial bylaws. So, if your company gets caught in a legal battle without bylaws, you could face some serious legal consequences.
An LLC operating agreement isnt a legal requirement for Texas LLC business formation. However, business attorneys, accountants and advisors overwhelmingly recommend having an operating agreement to legally protect the LLC and its members.