when a bylaw is declared illegal- how to remove it?

[Guest yoram kahana]

the FTC ruled recently, in two cases, that it is illegal to restrict or prohibit members from soliciting clients of other members.

 

our organization  [ of journalists] has a similar bylaw. [You may not approach a client  publication of another member and solicit work or offer to contribute to that publication].

 

clearly we need to remove that bylaw.

 

Now:

 

As bylaws cannot be illegal [contradicting state, federal etc. laws], how do we remove it?

 

is it enough to declare it null and void [because of the conflict with Federal law]

 

or do we need a formal motion and vote to rescind this bylaw?

 

Thank you,

 

Yoram Kahana

Hollywood Ca.

[Dan Honemann]

If you wish to remove a provision from your bylaws you will need to follow whatever procedure your bylaws prescribe for their amendment.

 

Questions concerning whether or not a provision in your bylaws is in violation of applicable law, and, if so, what if anything must be done about it, will need to be addressed to an attorney.