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Referencing Future ByLaws


AFS1970

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As part of our ongoing bylaws revision process, we found a couple of articles that reference other articles. For the most part this is generally referencing an earlier section. Like Article 10 referencing Article 2. Is it allowable, in constructing bylaws, to reference a later section, like having Article 4 reference Article 12? 

To my eye, this doesn't look natural, and I vaguely remember reading somewhere that you can reference earlier section because the presumption is that you have already read that on your way to where you are, but you can't reference later sections because you haven't read that far ahead yet. The rest of my committee doesn't have a problem with this. I am just curious if this is in keeping with general practice.

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The bylaws are one document. It is perfectly fine to reference other parts of the same document, even if they occur later.

RONR, for example, at the last bullet of 1:1 tells you to see 3:3-5 and §40.

The Sample Bylaws reference the Annual Meeting in Article IV, Section 3 (56:62) but do not define the Annual Meeting until Article V, Section 2 (56:63) . 

What would you do if the bylaws reference a different document, such as relevant statute? There's no presumption that the reader has read that document.

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