Bank reconciliations, bank statements, deposit slips and checks unless for important payments and purchases should be kept for three years. Any inventories of products, materials, and supplies and any invoices should be kept for seven years. Expired insurance policies, insurance records, accident reports, claims, etc. External audit reports should be kept permanently. Internal audit reports should be kept for three years. The retention period depends upon the subject matter of the e-mail, as covered elsewhere in this policy.
As mentioned above, to avoid jeopardizing your tax exemption status you have to disclose your financial information such as IRS Annual Information Returns Form , and board meeting minutes.
You also need to specify the means and conditions of this disclosure, for example if John Doe contacts your organization and requests to see the previous three years copies of your Form , you should be able to provide him without delay or fuss the requested documents through the medium that is set forth here. As seen in this section of the nonprofit bylaws template, the best and most sensible way to comply with such requests is making available your organizing documents, financial data, and board minutes through your website Upload as PDF file to facilitate these requests and avoid harsh penalties from the IRS for non-compliance.
There are many tax exempt organizations who refuse to make available these documents and resources for one or another reason, but mainly because they are not aware of their legal duties.
This holds true for churches who have applied for tax exemption. See the sample below on how to answer this part. This policy will:. This section of the bylaws deals with safeguards and means to put in practice a working whistle blower policy to ensure transparency, productivity, and checks and balances.
Following the bylaws template, here you make it the duty of your directors, officers or employees to report violations of these bylaws and to bring forward potentially harmful dealings of other directors, officers or employees who may harm or jeopardize your tax exempt status.
The employees and representatives of the corporation must practice honesty and integrity in fulfilling their responsibilities and comply with all applicable laws and regulations. The support of all corporate staff is necessary to achieving compliance with various laws and regulations. Anyone filing a complaint concerning a violation or suspected violation must be acting in good faith and have reasonable grounds for believing the information disclosed indicates a violation.
Any allegations that prove not to be substantiated and which prove to have been made maliciously or knowingly to be false shall be subject to civil and criminal review. The protection described below is only available to individuals that comply with this requirement. Violations or suspected violations may be submitted on a confidential basis by the complainant or may be submitted anonymously.
Reports of violations or suspected violations shall be kept confidential to the extent possible, consistent with the need to conduct an adequate investigation. The board president or vice president shall notify the sender and acknowledge receipt of the reported violation or suspected violation within five business days. All reports shall be promptly investigated by the board and its appointed committee and appropriate corrective action shall be taken if warranted by the investigation.
This policy shall be made available to all directors, officers, staffs or employees and they shall have the opportunity to ask questions about the policy. From time to time you may need to amend your Articles of Incorporation with your respective State, and this is done through holding a board meeting.
This section specifies the manner and number of directors who should be present to adopt such changes before filing your amendment. Please include it as it is. A nonprofit bylaws is an important and vital document that should not be overlooked. I have given you my years of knowledge and experience dealing with tax exempt nonprofit organizations and have combined these tips and tricks here for you in form of samples, examples, and templates so you can achieve your nonprofit dream.
Review Rating Count:. No votes so far! Be the first to rate this post. Share your frustration. If you want me to get back to you please include email and phone number. Contact Follow Like Bookmark. Be extremely wary of free sample bylaws templates you find on the internet through other websites.
Even though they are marked and presented as nonprofit bylaws, they severely lack the necessary provisions and articles, and in many cases will cripple your organization. These so-called good Samaritans neither have the expertise nor the understanding of the nonprofit law. Meetings and Action of Committees Meetings and action of the committees shall be governed by and held and taken in accordance with, the provisions of Article IV of these Bylaws concerning meetings of the directors, with such changes in the context of those Bylaws as are necessary to substitute the committee and its members for the board of directors and its members, except that the time for regular meetings of committees may be determined either by resolution of the board of directors or by resolution of the committee.
Informal Action By The Board of Directors Any action required or permitted to be taken by the board of directors at a meeting may be taken without a meeting if consent in writing, setting forth the action so taken, shall be agreed by the consensus of a quorum. Section 3. The documents detailing the development process are often also of value to the corporation and are protected as a trade secret where the corporation: i derives independent economic value from the secrecy of the information; and ii has taken affirmative steps to keep the information confidential.
Section 4. Electronic Mail. E-mail that needs to be saved should be either: i printed in hard copy and kept in the appropriate file; or ii downloaded to a computer file and kept electronically or on disk as a separate file.
The documents shall be posted in a format that allows an individual using the Internet to access, download, view and print them in a manner that exactly reproduces the image of the original document filed with the IRS except information exempt from public disclosure requirements, such as contributor lists.
The website shall clearly inform readers that the document is available and provide instructions for downloading it. Documents shall not be posted in a format that would require special computer hardware or software other than software readily available to the public free of charge.
This information must be provided immediately for in-person requests and within 7 days for mailed requests. All board minutes shall be open to the public once accepted by the board, except where the board passes a motion to make any specific portion confidential. All papers and materials considered by the board shall be open to the public following the meeting at which they are considered, except where the board passes a motion to make any specific paper or material confidential.
No staff records shall be made available to any person outside the corporation except the authorized governmental agencies. Within the corporation, staff records shall be made available only to those persons with managerial or personnel responsibilities for that staff member, except that Staff records shall be made available to the board when requested. Within the corporation, donor records shall be made available only to those persons with managerial or personnel responsibilities for dealing with those donors, except that ; donor records shall be made available to the board when requested.
How useful were these instructions? If the notice is given personally by first class mail or by electronic mail, it shall be given not less than ten days, but not more than fifty days, prior to the date of the meeting; if mailed by any other class of mail, it shall be given not less than thirty or more than sixty days before the date of the meeting.
If mailed, such notice shall be deemed to have been given when deposited in the United States mail, with postage thereon prepaid, directed to the member at the address as it appears on the record of members, or, if the member shall have filed with the Secretary of the Society a written request that notices to them be mailed to some other address, then directed to him or her at such other address.
If mailed electronically, such notice is given when directed to the member's electronic mail address as it appears on the record of members, or, to such other electronic mail address as filed with the secretary of the corporation. Notice of a special meeting shall also state the purpose or purposes for which the meeting is called.
On any matter on the agenda on which the Board of Directors has voted, the notice shall set forth the result of the vote. Quorum —Members entitled to cast one hundred votes, present in person or proxy, shall constitute a quorum for the transaction of business at any meeting of members; but in the absence of a quorum, a majority of those present, in person or by proxy, may adjourn the meeting to another time without notice, if the time, date and place to which the meeting is adjourned are announced at the meeting at which the adjournment is taken, and at the adjourned meeting any business may be transacted that might have been transacted on the original date of the meeting.
Annual report —At the annual meeting of the members, the Directors shall present a report in accordance with the provisions of Section of the New York Not-For-Profit Corporation Law, verified by the President and the Treasurer or by a majority of the Directors or reported on by the auditor or firm of auditors selected by the Audit Committee in accordance with the provisions for an annual audit in Article XV of these bylaws.
Said report shall be filed with the records of the Society and either a copy or an abstract thereof entered in the minutes of the proceedings of the annual meeting of the members. Right to vote —Only those individuals who are CPA members at both the Notice Date and the Vote Date, as defined herein, shall have the right to vote, each such member being entitled to one vote with respect to matters submitted to the members.
Effect of vote at meeting —At any meeting of the members of the Society, each CPA member present in person or by proxy shall be entitled to vote. Any CPA member may vote by proxy at any such meeting only with respect to matters set forth on the agenda included in the notice of meeting, provided that the instrument authorizing such proxy, either in writing or electronically, complies with relevant law.
No proxy shall be valid, however, after the expiration of eleven months from the date of its execution, unless the person executing it shall have specified therein the length of time it is to continue in force, which shall be for some limited period.
Every proxy shall be revocable at the pleasure of the person executing it. Whenever any corporate action is to be taken by vote of the CPA members, it shall, except as otherwise required by law, be authorized by a majority of votes cast at a meeting of members by the members entitled to vote thereon; provided, however, that when such corporate action relates to the election of Directors and officers, such action shall be authorized by a plurality of the votes cast at such meeting.
Whenever CPA members are required or permitted to take any action by vote, such action may be taken without a meeting or notice of a meeting by written consent, setting forth the action so taken, signed by all of the CPA members entitled to vote thereon. Written consent shall include electronic consent provided by the CPA members. Organization —The Board of Directors may authorize the organization of chapters of the Society in various parts of the State of New York, define chapter areas, and designate the manner in which the affairs of a chapter shall be conducted.
Chapters shall be constituent parts of the Society and shall neither be organized as independent legal entities nor otherwise have any independent legal authority to act.
Membership —A new member in the Society with an office in, or employed in, a chapter area shall automatically become a member of such chapter. Notwithstanding the forgoing, a member may belong to any single chapter as such member may request in writing. Representation on Board of Directors —Nominations for members of the Board of Directors, elections, and filling of vacancies shall be in such manner as to ensure that the elected Directors shall at all times include at least one member from each chapter which was in existence at the time of the vacancy and which had at least twenty-five members the previous February 1.
Suspension or dissolution —The Board of Directors of the Society, in its sole discretion, may suspend or dissolve any chapter. In such event, all of the property, funds, and records of such chapter shall revert to the Society. All chapter bylaws shall include a provision, acceptable to the Board of Directors of the Society, to such effect. Except as otherwise expressly provided herein, all of the Directors, other than the officers, the immediate past President and the Executive Director of the Society, shall be elected in the manner set forth in Article XI hereof and are referred to herein as "elected Directors.
The immediate past President shall serve for the fiscal year following service as President. Elected Directors shall be divided into four classes, as nearly equal as possible, for the purpose of staggering their terms of office.
An elected Director shall serve for the four fiscal years following the annual meeting at which the election took place or the annual meeting at which the Director whose vacancy is being filled took place, or until the election of the Director's successor, whichever is later.
Resignation or removal —The resignation of an elected Director or the immediate past President shall be tendered to the Board. An elected Director, the immediate past President, or a member of the Executive Committee may be removed for cause by a vote of at least two-thirds of the members of the Board present and voting at a meeting, provided a quorum is present. Vacancy —If a vacancy occurs in the elected Directors except as set forth in Article XI, paragraph 1 in respect to nominations by the nominating committee, the Board shall designate a member meeting the requirements of Section 1 of this Article to serve until May 31 following the next annual meeting or until the election of a successor, whichever is later.
The vacancy shall be filled at that annual meeting in the manner set forth in Articles X and XI for the nomination and election of an elected Director. The election or designation of an elected Director to be an officer shall create a vacancy. The absence without cause, as determined by a majority of the members of the entire Board, of an elected Director from three consecutive meetings of the Board shall automatically create a vacancy with respect to such Director, in the same manner as if the Director had tendered his or her resignation and the resignation had been accepted.
Authority —The Board shall have general charge, management, and control of the affairs, funds, and property of the Society. Meetings and procedures —Regular meetings of the Board shall be held without notice at such time and place as the Board may determine, and may be held telephonically, by video conference, or any other means permitted by law.
The President shall designate the time, place, and agenda for any special meeting of the Board, except that a special meeting shall be held within fifteen days from the receipt by the President of a petition for a special meeting, signed by at least one-third of the members of the entire Board.
Not less than three business days' notice of such special meeting shall be given to each Director by telephone, in person or electronically, and not less than five days' notice of such special meeting shall be given to each Director if mailed. If mailed, such notice shall be deemed given when deposited in the United States mail, with postage thereon prepaid, directed to the Director at his or her address as the same appears on the records of the Society.
One half of the members of the entire Board shall constitute a quorum, but if at any meeting of the Board there shall be less than a quorum present, a majority of those present may adjourn the meeting to another time and place without notice other than the announcement of the time and place to which the meeting is adjourned, and at such adjourned meeting any business may be transacted which might have been transacted at the meeting as originally called.
A majority vote of the members of the Board present and voting at a meeting, provided a quorum is present, shall constitute a vote of the Board, except as otherwise required by law or these bylaws.
The Board, through the Secretary, shall keep a record of its proceedings, which shall be accessible to members at the office of the Society during business hours. Standing rules —The Board may establish and from time to time amend standing rules to govern the conduct of actions taken by the Board and the Executive Committee.
Term —The Executive Committee so designated shall serve at the pleasure of the Board. Meetings and procedure —The President shall designate the time, place and agenda for any meeting of the Executive Committee except that a meeting shall be held, on at least three business days' notice, within ten days from the receipt by the President of a petition for a meeting, signed by at least one-third of the members of the entire Executive Committee.
To the extent permitted by applicable law, a meeting of the Executive Committee may be held telephonically, by video conference, or similar means. A majority of the members of the entire Executive Committee shall constitute a quorum. A majority vote of the members of the Executive Committee present and voting at a meeting shall constitute a vote of the Executive Committee. The Executive Committee may make its own rules for the conduct of its meetings.
The Executive Committee shall report on its proceedings to the Board, and shall keep a record of its proceedings, which shall be accessible to members at the office of the Society during business hours.
No member shall hold more than one office at a time. Except as otherwise provided herein, an officer shall hold office for the fiscal year following the annual meeting at which the officer's election takes place, or until the election of the officer's successor, whichever is later. The term of an officer designated to fill a vacancy shall be the unexpired term of the officer's predecessor; provided, however, that if the President-Elect should become President as a result of the failure of the President to complete a full term of office, such President-Elect shall serve as President for the unexpired term of the predecessor and for an additional one-year term thereafter.
Resignation, removal or vacancy —The resignation of an officer shall be tendered to the Board. If a vacancy occurs in the office of President, the President-Elect shall automatically become President for the period provided in paragraph 1 of this Article.
If a vacancy occurs in the office of the President at a time when there also is a vacancy in the office of President-Elect, the Board shall designate a CPA member to serve as President until the end of the fiscal year. If a vacancy occurs in the office of the President-Elect, no successor shall be chosen except by the CPA members at the next annual meeting. An officer elected by the CPA members of the Society may be removed from office, with or without cause, but only by a vote of the CPA members of the Society.
The authority of any officer so elected, however, may be suspended by the Board for cause at any time. Any officer elected or appointed by the Board other than the Executive Director may be removed by the Board, with or without cause, at any time by a two-thirds vote of the entire Board.
The Executive Director may be removed by the Board pursuant to the terms of his or her employment agreement, if any; and if no such agreement exists, he or she may be removed, with or without cause, at any time by a majority vote of the Board. The President —At the annual meeting next following the member becoming President-Elect, the President-Elect shall automatically be deemed to have been elected President for the fiscal year following such annual meeting.
In the event that there should be no President-Elect to succeed to the office of President at any annual meeting and the term of the incumbent President shall not have been extended in accordance with Paragraph 1 of this Article hereof, a President and a President- Elect shall be elected at such annual meeting to hold such offices for the following fiscal year. The President shall serve as Chair of the Board and shall preside at all meetings of the Society, the Board, and the Executive Committee.
Substitute for President —If the President is temporarily or permanently unable or unwilling to act, the following shall act in the President's stead in the order named: the President-Elect, a Vice President designated by the Board, a member of the Board designated by the Board.
President-Elect —The President-Elect shall perform all executive and other duties ordinarily pertaining to the office of a Vice President and such other duties as may be delegated to the President-Elect by the Board or the President. The President-Elect shall automatically be deemed to have been elected President of the Society at the annual meeting next following becoming President-Elect.
Duties of Vice Presidents —The Vice Presidents shall perform all executive and other duties ordinarily pertaining to their office or delegated to them by the Board or the President. If a Vice President is temporarily unable or unwilling to act, another Vice President, designated by the Board, or a member of the Board designated by the Board, shall act in the Vice President's stead.
The term of the Executive Director shall be set by the Board. It shall be his or her duty to a carry out programs and policies of the Board of Directors; b represent the Society, where appropriate to do so, in matters of public and government relations; c report to the Board as to the activities of the Society; d authorize expenditures in accordance with the budget approved by the Board; e hire, terminate, and set compensation for the staff, subject to Board-approved budgetary and salary parameters and benefit policies; and f carry out such other responsibilities as the Board assigns.
The Executive Director shall serve as a nonvoting, ex officio, member of the Board and Executive Committee. Determination of ability or willingness to serve —The determination as to whether an officer is temporarily unable or unwilling to act shall be made by a majority of the members of the entire Board.
In providing this indemnification, the Board shall proceed in a manner and to such extent as may be directed by the applicable provisions of the New York Not for Profit Law as are in effect at the time indemnification is to be provided.
In any event, such right of indemnification shall not be deemed exclusive of any lawful right, or rights, to which a director or officer may be entitled under any other Bylaw provision, Board resolution, agreement, or otherwise. New York law corporations must hold a meeting at least once a year on the same date; the corporation's bylaws state the date. Voting shareholders aren't entitled to receive advance notice of the annual meeting. However, if a bylaw amendment vote is going to take place during a special meeting, the person calling the meeting must give notice electronically or by mail to all voting shareholders at least 10 days before.
The notice must identify who is calling the meeting, its purpose, and its date, time and place. New York allows a law corporation to withhold the right to vote from a series of shares. The voting rights of each series are defined in the corporation's certificate of incorporation. A law corporation may issue a series of stock that doesn't have voting rights to give shares to employees or use the stock as an incentive during employee recruitment; this allows the law corporation to issue shares without giving up any ownership.
Amendment Or Repeal. Any repeal or modification of the foregoing provisions of this Article VII shall not adversely affect any right or protection hereunder of any person in respect of any act or omission occurring prior to the time of such repeal or modification.
Certificates Of Shares. The shares of the Company shall be represented by certificates not inconsistent with the New York Business Corporation Law or the Certificate of Incorporation, provided that the Board of Directors of the Company may provide by resolution or resolutions that some or all of any or all classes or series of its stock shall be uncertificated shares.
Any such resolution shall not apply to shares represented by a certificate until such certificate is surrendered to the Company. Notwithstanding the adoption of such a resolution by the Board of Directors, every holder of stock represented by certificates and upon request every holder of uncertificated shares shall be entitled to have a certificate signed by, or in the name of the Company by the Chairman or Vice Chairman of the Board of Directors, Chief Executive Officer, or the President or Vice President, and by the Treasurer or an Assistant Treasurer, or the Secretary or an Assistant Secretary of the Company representing the number of shares registered in certificate form.
Any or all the signatures on the certificate may be a facsimile. In case any officer, transfer agent, or registrar who has signed or whose facsimile signature has been placed upon a certificate shall have ceased to be such officer, transfer agent or registrar before such certificate is issued, it may be issued by the Company with the same effect as if such person or entity were such officer, transfer agent or registrar at the date of issue. Transfer Of Shares. Transfers of shares of the Company shall be made only on the books of the Company by the holder of record thereof or by his legal representative, who shall furnish proper evidence of authority to transfer, or by his or her attorney thereunto authorized by power of attorney duly executed and filed with the Secretary of the Company, and on surrender for cancellation of certificate for such shares.
Prior to due presentment of a certificate for shares for registration of transfer, the Company may treat a registered owner of such shares as the person exclusively entitled to vote, to receive notifications and otherwise have and exercise all of the right and powers of an owner of shares. Lost, Destroyed Or Stolen Certificates. Whenever a certificate representing shares of the Company has been lost, destroyed or stolen, the holder thereof may file in the office of the Company an affidavit setting forth, to the best of his knowledge and belief, the time, place, and circumstance of such loss, destruction or theft together with a statement of indemnity sufficient in the opinion of the Board of Directors to indemnify the Company against any claim that may be made against it on account of the alleged loss of any such certificate.
In the exercise of its discretion, the Board of Directors may waive the indemnification requirements provided herein. Declarations Of Dividends. Dividends upon the capital stock of the Company, subject to the provisions of the Certificate of Incorporation, if any, may be declared by the Board of Directors at any regular or special meeting, pursuant to law. Dividends may be paid in cash, in property, or in shares of the capital stock, subject to the provisions of the Certificate of Incorporation, so long as the Company is not insolvent when such dividend is paid or rendered insolvent by the payment of such dividend.
Requirements For Payment Of Dividends. Before payment of any dividend there may be set aside out of any funds of the Company available for dividends such sum or sums as the directors from time to time, in their absolute discretion, think proper as a reserve fund to meet contingencies, or for equalizing dividends, or for repairing or maintaining any property of the Company, or for such other purpose as the directors shall think conducive to the interests of the Company, and the directors may abolish any such reserve.
The Board of Directors may authorize any officer or officers, agent or agents, to enter into any contract or execute and deliver any instrument in the name of and on behalf of the Company, and such authority may be general or confined to specific instances.
No loans shall be contracted on behalf of the Company and no evidences of indebtedness shall be issued in its name unless authorized by a resolution of the Board of Directors. Such authority may be general or confined to specific instances. Checks, Drafts, Etc. All checks, drafts or other orders for the payment of money, notes or other evidences of indebtedness issued in the name of the Company shall be signed by one or more officers or agents of the Company and in such manner as shall from time to time be determined by resolution of the Board of Directors.
The funds of the Company may be deposited or invested in such bank account, in such investments or with such other depositaries as determined by the Board of Directors. Fiscal Year. The fiscal year of the Company shall be fixed by resolution of the Board of Directors. Said seal may be used by causing it or a facsimile thereof to be impressed or affixed or reproduced or otherwise. Annual Statement. The Board of Directors shall present at each annual meeting, and at any special meeting of the stockholders when called for by vote of the stockholders, a full and clear statement of the business and condition of the Company.
Right Of First Refusal. If the stockholder receives from anyone a bona fide offer acceptable to the stockholder to purchase any Common Stock held by such stockholder, then the stockholder shall first give written notice thereof to the Company. The notice shall name the proposed transferee and state the number of shares of Common Stock to be transferred, the price per share and all other terms and conditions of the offer.
For fifteen 15 days following receipt of such notice, the corporation or its assigns shall have the option to purchase all or, with the consent of the stockholder, any lesser part of the Common Stock specified in the notice at the price and upon the terms set forth in such bona fide offer. In the event the Company elects to purchase all or, as agreed by the stockholder, a lesser part, of the Common Stock, it shall give written notice to the selling stockholder of its election and settlement for said Common Stock shall be made as provided below in paragraph c.
All Common Stock so sold by said selling stockholder shall continue to be subject to the provisions of this bylaw in the same manner as before said transfer. Anything to the contrary contained herein notwithstanding, the following transactions shall be exempt from the provisions of this bylaw:.
A transfer of any or all of the Common Stock held by a stockholder which is a limited or general partnership to any or all of its partners. In any such case, the transferee, assignee, or other recipient shall receive and hold such Common Stock subject to the provisions of this bylaw, and there shall be no further transfer of such Common Stock except in accord with this bylaw. The provisions of this bylaw may be waived with respect to any transfer either by the Company, upon duly authorized action of its Board of Directors, or by the stockholders, upon the express written consent of the owners of a majority of the voting power of the Company excluding the votes represented by those shares of Common Stock to be sold by the selling stockholder.
This bylaw may be amended or repealed either by a duly authorized action of the Board of Directors or by the stockholders, upon the express written consent of the owners of a majority of the voting power of the corporation.
Any sale or transfer, or purported sale or transfer, of Common Stock shall be null and void unless the terms, conditions, and provisions of this bylaw are strictly observed and followed. The foregoing right of first refusal shall terminate on either of the following dates, whichever shall first occur:. On [ Date 10 Years from Adoption of these Bylaws ] or.
Upon the date Common Stock of the Company is first offered to the public pursuant to a registration statement filed with, and declared effective by, the Securities and Exchange Commission under the Securities Act of , as amended.
The certificates representing the Common Stock shall bear the following legend so long as the foregoing right of first refusal remains in effect:. The provisions of this bylaw shall not apply to any transfer of shares of Preferred Stock of the Company or the shares of Common Stock issued upon conversion thereof.
These Bylaws may be altered, amended or repealed or new Bylaws may be adopted by the stockholders or by the Board of Directors, when such power is conferred upon the Board of Directors by the Certificate of Incorporation, at any regular meeting of the stockholders or of the Board of Directors or at any special meeting of the stockholders or of the Board of Directors if notice of such alteration, amendment, repeal or adoption of new Bylaws be contained in the notice of such special meeting.
If the power to adopt, amend or repeal Bylaws is conferred upon the Board of Directors by the Certificate of Incorporation it shall not divest or limit the power of the stockholders to adopt, amend or repeal Bylaws.
Consult with an attorney before using this document. This document is not a substitute for legal advice or services. Refer to our Terms of Service for more details. This form has been prepared for general informational purposes only. It does not constitute legal advice, advertising, a solicitation, or tax advice. Transmission of this form and the information contained herein is not intended to create, and receipt thereof does not constitute formation of, an attorney-client relationship.
You should not rely upon this document or information for any purpose without seeking legal advice from an appropriately licensed attorney, including without limitation to review and provide advice on the terms of this form, the appropriate approvals required in connection with the transactions contemplated by this form, and any securities law and other legal issues contemplated by this form or the transactions contemplated by this form.
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