The Church Bylaws Audit: 8 Questions Every Leader Should Answer

By Analiese Rivera

When bylaws lack explicit provisions, state incorporation laws often take over. In many states, this can give voting members the power to remove board members or even the pastor, regardless of the church’s original intentions. That is why every church should regularly review and update its bylaws to ensure they are both compliant and aligned with the ministry’s mission.

The Bylaws Audit Journey: 8 Questions Every Church Should Ask

1. Do you have both a constitution and bylaws?
   Your constitution should declare that the bylaws are subject to the Scripture references and doctrines of the church as interpreted by the board and pastor.
   
   
2. Do your bylaws contain a prohibited activities clause?
   This protects the church from legislation forcing it to participate in activities that violate its faith and doctrine.
   
   
3. Does your constitution have a preamble declaring your organization to be ecclesiastical?
   This distinguishes you from being treated as just another nonprofit organization.
   
   
4. Does your constitution include a distinct membership clause?
   It should outline how someone becomes a member, how membership ends, and what voting rights members have.
   
   
5. Do your bylaws have a member privacy clause?
   This commits the church to keep all member records confidential.
   
   
6. Do your bylaws have a standard of living clause?
   This requires members, leaders, and pastors to live according to biblical standards, making member status dependent on behavior inside and outside the church.
   
   
7. Do your bylaws contain a records request clause?
   Similar to the privacy clause, this regulates how members request to see church records, ensuring requests are legitimate and information remains confidential.
   
   
8. Does your constitution have a mutual interest clause?
   This protects the church from defamation lawsuits when informing the congregation about disciplinary actions or removals is necessary.

Final Thoughts

A regular bylaws audit can help you identify missing clauses, resolve inconsistencies, and protect your church from unnecessary conflict or legal trouble. In some cases, one sentence or clause can mean the difference between preserving your ministry or losing it entirely.
Don’t step into 2026 with outdated bylaws holding your church back. Consider our GetRIGHT Program to help you efficiently update your bylaws and protect your future! Call 770-638-3444 to learn more. 
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