Policy 1305 - Amendment of Articles of Incorporation Bylaws

Amendment of Articles of Incorporation and Bylaws

Amendments to Articles

The Board may amend its Articles of Incorporation at any time to add or change a provision that is required or permitted in the Articles or to delete a provision not required in the Articles consistent with Idaho law, RISE Charter School, and the Performance Certificate. Unless the Articles provide otherwise, the Board of Directors may adopt the following amendments:

  1. To delete the names and addresses of the initial Directors;
  2. To change the information regarding the registered agent; and
  3. To make any other change expressly permitted by the Idaho Nonprofit Corporation Act, Title 30, Chapter 30, Idaho Code, consistent with Idaho law, the Charter and Performance Certificate.

The Board shall provide notice of any meeting at which an amendment is to be voted upon, as set forth in RISE Charter School Policies and Idaho’s Open Meeting Laws. Additionally, the notice must also state that the purpose or one of the purposes of the meeting is to consider a proposed amendment to the Articles and contain or be accompanied by a copy or summary of the amendment or state the general nature of the amendment. Any amendment to the Articles must be approved by a majority of the Directors then in office.

Any amended or restated Articles shall be delivered to the secretary of state in accordance with the Idaho Nonprofit Corporation Act, Title 30, Chapter 30, Idaho Code.

Amendments to Bylaws

The Board may amend the Bylaws consistent with Idaho law, the Articles, the Charter, and the Performance Certificate. The Board shall provide notice of any meeting at which an amendment to the Bylaws is to be voted upon, as set forth in RISE Charter School Policies and Idaho’s Open Meeting Laws. Additionally, the notice must also state that the purpose or one of the purposes of the meeting is to consider a proposed amendment to the Bylaws and contain or be accompanied by a copy or summary of the amendment or state the general nature of the amendment. Any amendment to the Articles must be approved by a majority of the Directors then in office.

 

 

Legal References:       

I.C. § 30-30-701       Idaho Nonprofit Corporation Act - Amendment of Articles of Incorporation and Bylaws - Authority to Amend Articles

I.C. § 30-30-702      Idaho Nonprofit Corporation Act - Amendment of Articles of Incorporation and Bylaws - Amendment of Articles by Directors

I.C. § 30-30-705      Idaho Nonprofit Corporation Act - Amendment of Articles of Incorporation and Bylaws - Articles of Amendment                                                                                   

I.C. § 30-30-708      Idaho Nonprofit Corporation Act - Amendment of Articles of Incorporation and Bylaws - Amendment of Bylaws by Directors

 

 

Policy History:

Adopted on: May 17, 2021

Revised on:

Reviewed on: