A Non-Profit Religious Corporation
Article 1:† Name and Main Office
††††††††††† Section 1.1: Name:† The name of this Corporation is Albuquerque Sikh Gurudwara (hereafter referred to as Gurudwara), a non-profit corporation organized in accordance with the laws of the State of New Mexico, which shall be qualified for an exemption from tax under the provisions of Section 501(c)(3) of the Internal Revenue Code.
1.2: Main Office:† The main office
of the Corporation shall be located in the State of
1.3: Registered Office:† The
Corporation shall have and continuously maintain a registered office in the
Section 2.1: The mission of the Gurudwara is to promote service and propagate Sikh values to the community and the next generation.
††††††††††† Section 2.2: The purposes of the Gurudwara are:
Operate and maintain a
Gurudwara (Sikh religious place of worship) in the
2. Organize and schedule Sikh religious services regularly.
3. Teach and promote Sikh values.
This Corporation is organized exclusively for religious, charitable, and educational purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code.
Notwithstanding any other provision of these Articles, the Corporation shall not carry on any other activities not permitted to be carried on by an organization exempt from Federal income tax as an organization described in Section 501(c)(3) of the Internal Revenue Code (or corresponding section of any future federal tax code).
Article 3:† Fiscal Year
††††††††††† The fiscal year of the Corporation shall commence on January 1st and end on December 31st of each year.
Article 4 Organization
Section 4.1:† General: The organization shall consist of a Board of Directors.† It shall have eleven Directors. Membership on the Board shall be by an invitation from the existing Board of Directors, led by a President. Nominations for new members must be approved by a majority vote from the Board of Directors.†† Each Director must commit to serve the community by performing a specific task for a period of time on a Gurudwara Standing Committee, appointed by the President.†
The President shall be chosen from among the Directors by consensus or a secret ballot.† The President shall appoint an Executive Committee consisting of a Vice- President, a Secretary, and a Treasurer, each for a two-year term.† Past Presidents shall be ex-officio members of the Executive Committee.†† A Gurudwara Manager will also be appointed to manage operational aspects of the Gurudwara.
The President shall preside over the meetings of the Board of Directors and oversee Gurudwara operations.†† The specific responsibilities of the President, Vice-President, Secretary, Treasurer, and Gurudwara Manager are defined below.
Section 4.1.1: President:† The duties shall include the following:
1. Is familiar with Corporation Bylaws and keeps them current.
2. Operates the Gurudwara to the satisfaction of the congregation needs with the resources available.
3. Develops and presents plans for meeting the congregation needs to the Executive Committee for review.
4. Presides at the meetings of the Board of Directors.
5. Presents appointments of the Committee Chairs to the Board of Directors for review.
6. Is responsible for obtaining satisfactory performance from other officers and committee chairs.
7. Is responsible for assuring that replacements are available for all officers and committee chairs.
8. Is responsible for assuring that all officers and committee chairs are properly trained for their jobs.
9. Performs such other tasks as may be appropriate for this office.
Section 4.1.2:† Vice-President:† The duties shall include the following:
1. Act for the President in his/her absence.
Section 4.1.3:† Secretary: The duties shall include the following:
1. Informs members of the time, location, and agenda of regular and special meetings of the Board of Directors.
2. Serves as Secretary at all meetings.
3. Maintains all records, other than fiscal, including minutes of the meetings and proposed amendments to the Bylaws of the Corporation.
4. Performs such other tasks as may be appropriate for this office.
Section 4.1.4: Treasurer: The duties shall include the following:
1. Maintains the fiscal records of the Gurudwara.
2. Maintains funds of the Gurudwara in an appropriate Bank.
3. Pays all bills for goods and services delivered to the Gurudwara on authorization from the President.
4. Signs all checks, drafts, and orders for payment of money. Checks for an amount exceeding $2000 must be countersigned by the President.
5. Prepares annual budget for the Gurudwara for approval by the Board of Directors at the beginning of the fiscal year.
6. Prepares the income tax report on behalf of the Gurudwara for submission to the U.S. Internal Revenue Service in a timely fashion.
7. Presents a quarterly financial report to the Board of Directors.
8. Prepares receipts and letters of acknowledgement for donations.
9. Performs such other tasks as may be appropriate for this office.
Section 4.1.5:† Gurudwara Coordinator:† The duties shall include the following:
1. Manages operational aspects of the Gurudwara.
2. Manages the religious service schedule.
3. Coordinates Gurudwara special events.
4. Maintains religious event calendar for the Gurudwara.
Section 4.2:† Meetings of the Board of Directors:† The Board of Directors shall hold at least four regular meetings each year.† Special meetings of the Board of Directors may be called at the request of eight Directors.†
Section 4.3.1:† Responsibilities of the Board of Directors:† The responsibilities of the Board of Directors are:
1. Manage all aspects of the Gurudwara, both strategic and operational, consistent with the Mission Statement.
2. Manage financial and investment matters of the Corporation.
3. Provide consistent long-term direction in accomplishing the mission of the Corporation.
4. Mediate and help resolve all conflicts or disputes arising from entities of the Corporation and congregants.
5. Solicit, gather, and deposit donations.
6. Organize fund-raising activities.
7. Schedule and organize regular religious services.
8. Approve appointments of members to committees as necessary to handle specific activities of the Gurudwara.
Section 4.2.2:† Qualifications of Directors:† Each Director must have the following qualifications:
1. Must be at least 25 years old, bear good moral character, and have a track record of integrity.
Must be a legal
resident of the State of
3. Must have a high school Diploma.
4. Must be a Sikh with full faith in Shri Guru Granth Sahibís teachings.
5. Must be a role model of Sikh values in the community.
6. Must commit to not abuse drugs or intoxicants.
7. Must commit to follow the Bylaws of the Corporation.
8. Must commit to attend the meetings of the Board of Directors, as needed.
9. Must commit to work as a team player.
Section 4.2.3:† Removal of a Director:† A Director may be removed from office by a vote of eight fellow Directors.
Article 5: Financial
††††††††††† The funds of the Corporation do not belong to any individual.† No individual has the authority to use these funds for any personal use.† A legal dispute arising between the entities of the Corporation shall not be funded by the Corporation.† The funds are to be used only for purposes of the Corporation consistent with the Mission Statement.† There shall be no loans to any officer of the Corporation.
††††††††††† The Board of Directors shall have the full power and authority to borrow money in the general interest of the Corporation; in that case the Board of Directors may authorize proper officers of the Corporation to issue notes, bonds, and other evidence of indebtedness as deemed proper. The Board of Directors shall have the full power to mortgage the property of the Corporation, or any part as security for the indebtedness and no action on the part of the membership of this Corporation shall be requisite to the validity of any note, bond, or evidence of indebtedness or mortgage.
All expenditures of the Corporation funds must be approved by a vote of the Board of Directors. Without prior authorization of the Board of Directors, the Corporation funds can be used only for the normal operations of Gurudwara, as stated in the annual budget. The Treasurer shall be authorized to draw funds as approved by the Board of Directors and shall prepare financial statements at the end of each quarter.
Article 6:† Dispute Resolution
††††††††††† All disputes arising from entities in the Corporation shall preferably be resolved within the Corporation.†† To resolve minor disputes among the congregation or Directors, the President shall appoint a small number of Directors as mediators who shall facilitate a mutually satisfactory, binding agreement between the disputing parties.
Article 7:† Dissolution
††††††††††† A decision to dissolve the Corporation must be approved by a consensus decision of the Board of Directors.†† Assets held by the Corporation upon condition requiring return, transfer, or conveyance, which condition occurs by reason of the dissolution, shall be returned, transferred, or conveyed according to such requirement.† After paying all liabilities, the remaining assets of the Corporation will be donated to another Gurudwara or non-profit religious organization in the region complying with Section 501(c)(3) of the Internal Revenue Code and designated by the Board of Directors.
Article 8:† Indemnification
††††††††††† The Corporation shall have the power to indemnify any Director or former Director of the Corporation against reasonable expenses, costs, and attorney fees actually and reasonably incurred by and in connection with the defense of any action, suit, or proceeding, civil or criminal, in which s/he is made a party by reason of being or having been a Director.† The indemnification may include any amount paid to satisfy a judgment or to compromise or settle a claim.† The Director shall not be indemnified if s/he shall be adjudged to be liable on the basis that s/he has breached or failed to perform the duties of office and the breach or failure to perform constitutes willful misconduct or recklessness.† Advance indemnification may be allowed of a Director for reasonable expenses to be incurred in connection with the defense of an action, suit, or proceeding, provided that the Director must reimburse the Corporation if it is substantially determined that the Director was not entitled to indemnification.
Article 9:† Conflict of Interest
††††††††††† No Director or committee member shall derive any personal profit or gain, directly or indirectly, by reason of his or her participation with the Corporation.† Each individual shall disclose to the Corporation any personal interest which he or she may have in any matter pending before the Corporation and shall refrain from participation in any decision on such matter.
††††††††††† Any Director or committee member who is an officer, board member, or committee member of a borrower organization or a loan applicant agency shall identify his or her affiliation with such agency or agencies.† Further, in connection with any credit policy committee or board action specifically directed to that agency, s/he shall not participate in the decision affecting that agency; the decision must be made and/or ratified by the Board of Directors.
††††††††††† A Director or committee member of the Corporation shall refrain from obtaining any list of Corporation clients for personal or private solicitation purposes at any time during the term of their affiliation.
Article 10:† Amendments to Bylaws
††††††††††† These bylaws may be amended when necessary by a vote of eight members of the Board of Directors.
* Approved by Board of Directors and Trustees on April 16, 2008.