Getting to Know Your Constitution

Your not-for-profit’s constitution is an essential governing document. As your organisation changes, your constitution might change too.

Authored by: iClick2Learn Team

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Getting to Know Your Constitution

By law, any incorporated not-for-profit (NFP) organisation must have a constitution. If you haven’t seen your constitution, also called “articles of incorporation,” request a copy right away.

Members should regularly reference and review their constitution to ensure it aligns with their organisation’s objectives. Copies should be available for board members, stakeholders, and any new members. When everyone is clear on the rules, your organisation will enjoy improved efficiency and cohesion.

What is a Constitution?

Our constitution is a legal document, or contract, that governs how your not-for-profit operates. You may also hear it referred to as your governing rules or charter. Having a copy of your constitution is vital because members must uphold its terms at all times.

Good governance includes a regular review of your organisation’s constitution. Going back over the terms can help ensure they align with your current vision, operations, and activities. An inspection can also determine whether your processes continue to be practical and workable.

What Does a Constitution Include?

Governing documents help your organisation set out its purposes and comply with the law. Your constitution is a central legal document that outlines internal procedures, governance mechanisms, governing body and membership structure, and your organisation’s purpose.

Your constitution addresses things like:

Financials
Conflicts of interest
Meetings
Committee/Board
Legal liability
Membership
Your statement of objectives

In 2020, many organisations found their documents outdated or inadequate to face the challenges of the pandemic. It was one more reminder that guidelines and rules best serve an organisation when they are adaptable and regularly assessed.

Changing Your Constitution

Sometimes, it is necessary to update or amend your governing documents to make them as relevant as possible. A weak or clumsy constitution can cause many problems. Ideally, it should not hinder your objectives or create unnecessary difficulty.

A constitution should check the following boxes:

Up to date and compliant with relevant regulations
Reflects best practices
Clear and avoids confusing legal jargon
Aligns with your current mission and purposes
Practically suitable for your organisation’s needs

A good constitution is stable and flexible enough to face emerging challenges. For a more detailed constitution checklist, go here.

Getting to Know your Constitution: Conclusion

It can be helpful to think of your constitution as a road map for your organisation. A clear, regularly updated charter minimises confusion and positions your organisation to better fulfill its purposes.

Remember, your constitution should never hinder your objectives. It should always support and advance the excellent work of your organisation.

Constitutions:

Tell members and non-members what your organisation is about
Offer guidelines for the daily operation of your organisation
Are a legal necessity for incorporated organisations
Help sort out internal problems

Remember, your constitution should never hinder your objectives. It should always support and advance the excellent work of your organisation.

Constitutions:

Tell members and non-members what your organisation is about
Offer guidelines for the daily operation of your organisation
Are a legal necessity for incorporated organisations
Help sort out internal problems

The best constitutions are concise and straightforward. If you have questions about the rules, don’t be afraid to ask. Chances are, other people may find the document confusing as well. Once everyone has a solid understanding of the constitution, your organisation can get back to the important work it was created to achieve.