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

Guest yoram kahana

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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.




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.

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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.

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