Turning to the first limit on bylaws
, there must be a legitimate threat, not to the directors' ability to control the company, but to corporate or shareholder welfare.
Where the federal government might have concerns about an Indian Act bylaw
being paramount over a federal or provincial law, s 73(1) of the Indian Act gives the Governor in Council regulatory powers somewhat resembling the powers in s 81(1), in theory allowing the government to 'fix' at least some situations of conflict it finds unacceptable.
In an effort to control the phenomena of multi-forum litigation, in which plaintiffs bring the same suit in multiple jurisdictions simultaneously, corporations have been adopting, either by charter amendment or bylaw
approval, exclusive forum and/ or fee-shifting provisions.
Darien De Lu is acting chair of the WILPF US ad hoc Bylaws
Committee and a Nominating Committee member.
To proceed with the new constitution and bylaws
and continuance under the legislation, we must make changes to the current constitution and bylaws
at the September Annual General Meeting that clearly define the criteria for "members" of the association.
The Joint Commission does not say how APRNs-note that the term also includes the certified registered nurse anesthetist (CRNA) and certified nurse midwife (CNM)-should be categorized or placed in the bylaws
. It would be much easier if The Joint Commission had made the APRN position more clear-cut.
The second and particularly contentious reason corporate lawyers like the idea of exclusive-forum bylaws
: Corporate boards of directors can adopt them without shareholder approval.
Attorneys Rieger and Fisher, who specialize in healthcare legal issues and issues affecting nonprofit corporations, explain how hospitals can draft bylaws
that will establish an appropriate legal and professional relationship with medical staff.
Based on the Board's feedback, the bylaws
were given a good "read," not only for content, but for logical consistency, understandability, reflection of actual practice, language, procedure and redundancy.
General Manager Strategic Planning and Policy, Darrell Sargent, says a combination of historic changes to legislation and staff movements have led to the Council having an incomplete list of bylaws
and their review dates.
Upon the creation of the Assembly last year, it used the data and bylaws
of the Kumasi Metropolitan Assembly (KMA), which, she said, is no longer reliable and accurate.
ISLAMABAD -- The Capital Development Authority has formed a committee to review the existing building bylaws
and planning parameters for Islamabad with an aim to articulate vision of 'vertical development' of Prime Minister Imran Khan.