24 October 2017

Bylaws for Religious Organizations: Why they’re useful

“Bylaws” serve as the internal rules and regulations governing Religious Organizations, and are contained within a single, formal document. They define an organization’s identity, structure, and operations. Bylaws complement the Articles of Association. They specify the operational and decision-making authority vested in those acting on behalf of the organization, as well as the manner in which the organization interacts with third parties. Precisely for these reasons, organizations and institutions in both the public and private sectors consider a Religious Entity’s bylaws significant.

It follows that equipping oneself with a set of bylaws has become an ever more stringent requirement for Religious Entities. Indeed, in some cases the document is not only useful, it is necessary. It allows the entity to carry out myriad day-to- day operations (from opening a bank account to investing funds) and may be required for a wide range of other reasons (including tax concerns, as well as for national and international public-law requirements).

For these reasons, Dikaios drafts simple and functional bylaws tailored to the needs of each individual Religious Entity.

The bylaws must then be filed with a notary – thereby making the document official – who can then issue a certified copy on demand.

What is included in the Bylaws?

Bylaws generally contain provisions specifically addressing:

  • Name and registered office of the Religious Organization;
  • Organizational purpose and goals;
  • Assets (whether movables or real property) at the organization’s disposal;
  • Bodies tasked with the ordinary and extraordinary administration of the entity;
  • List and names of all members;
  • Division of roles and responsibilities;
  • Operational and decision-making authority;
  • Rules for amendments, and for dissolving the organization.
  • Why is a bylaw useful?

Bylaws set forth – both presently and prospectively – the Religious Organization’s internal structure. Moreover, they allow the organization to enter into any kind of legal, economic, or financial relationship with non-ecclesiastical entities and individuals. To wit, a number of public and private entities require a religious organization’s bylaws to be presented prior to establishing a relationship with the same, because the bylaws themselves guarantee both reliability and transparency. Bylaws, in fact, present the authority vested in the legal representative and in the organization as a whole, and describe how the organization operates.

When might a bylaw be requested?

Production of the bylaws may be requested both in Italy and abroad to permit, or to facilitate, certain institutional processes. It may also be requested for everyday transactions. The bylaws may prove to be a fundamental tool should Religious Organizations need to interact with:

Public administration;
Banks and credit institutions;
Insurance companies and social-security entities;
Other public and/or private organizations.
If you wish to receive more detailed information, please email us at info@dikaios.international or call us at +39 06 36712206.


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