Yes, nonprofit bylaws are public record for almost every tax-exempt organization. Federal law requires groups exempt under section 501(c) or 527 to let the public inspect their application for tax-exempt status, and the bylaws were filed as part of that application. You can usually get a copy for free online, from the IRS, or by asking the nonprofit directly.
Why the Bylaws Are Public in the First Place
The rule sits in section 6104(d) of the Internal Revenue Code. Every organization exempt under 501(c) or 527 must make two things available for public inspection: its application for tax-exempt status, with all supporting materials, and its annual information returns.1Office of the Law Revision Counsel. 26 U.S. Code 6104 – Publicity of Information Required From Certain Exempt Organizations and Certain Trusts
Bylaws travel with the application. When an organization files Form 1023, Form 1024, or a similar form, it submits its articles of incorporation, bylaws, and other governing documents as supporting materials. Once the IRS approves the application, the whole package is subject to permanent public disclosure, including correspondence with the IRS about the application.2Internal Revenue Service. Public Disclosure and Availability of Exempt Organizations Returns and Applications – Documents Subject to Public Disclosure
This reaches well beyond 501(c)(3) charities. Social welfare organizations, trade associations, fraternal societies, and other groups exempt under different subsections of 501(c) all fall under the same disclosure duty. If a nonprofit has IRS tax-exempt recognition, its application materials are open to public inspection.1Office of the Law Revision Counsel. 26 U.S. Code 6104 – Publicity of Information Required From Certain Exempt Organizations and Certain Trusts
How to Get a Copy
Try the nonprofit’s own website first. A nonprofit that posts its exemption application in a downloadable, free, unaltered format (PDF works) satisfies its disclosure duty that way and doesn’t have to respond to individual copy requests.3Internal Revenue Service. Questions About Requirements for Exempt Organizations to Disclose Look under headings like “About,” “Governance,” or “Financial Information.”
Next, check third-party databases. Candid, formerly GuideStar, compiles publicly available IRS filings and often makes them searchable and downloadable. The IRS Tax Exempt Organization Search tool provides Form 990 filings and determination letters; the 990 itself won’t contain the bylaws, but it confirms exempt status and points you to what has been filed.4Internal Revenue Service. Tax Exempt Organization Search
If the application isn’t online (which happens with older organizations approved before electronic filing became routine), request a copy from the IRS using Form 4506-B. That form specifically covers the application for exemption and related documents like articles of incorporation and bylaws.5Internal Revenue Service. Form 4506-B – Request for a Copy of Exempt Organization IRS Application or Letter
You can also ask the nonprofit directly. Federal law gives you the right to inspect the exemption application at the organization’s principal office during regular business hours. Show up in person and the organization must produce the documents that same day. Send a written request by mail, email, fax, or private delivery service and the organization has 30 days to respond.6Internal Revenue Service. Public Disclosure and Availability of Exempt Organizations Returns and Applications – Disclosures Required
What It Can Cost
A nonprofit can charge a reasonable fee for copies and mailing, but not enough to discourage requests. The IRS treats “reasonable” as what it charges under its own Freedom of Information Act schedule, currently $0.20 per page, plus actual postage. Unlike FOIA, there’s no free first-100-pages allowance; the nonprofit can charge for every page.7Internal Revenue Service. Public Disclosure and Availability of Exempt Organizations Returns and Applications – Costs for Providing Copies of Documents
If prepayment is required, the 30-day response clock doesn’t start until the organization gets paid. But the organization has to tell you about its prepayment policy within seven days of receiving your request.8Internal Revenue Service. Treasury Regulation 301.6104(d)-1 – Public Inspection and Distribution of Applications for Tax Exemption and Annual Information Returns of Tax-Exempt Organizations
If the Nonprofit Refuses
Refusal has teeth. The responsible person at the organization faces a penalty of $20 per day for as long as the failure continues. For annual returns, the penalty caps at $10,000 per return. For the exemption application, there is no cap.9Internal Revenue Service. Public Disclosure and Availability of Exempt Organizations Returns and Applications – Penalties for Noncompliance These base amounts adjust for inflation on failures relating to returns filed after 2014, so the actual per-day figure may run higher.10Office of the Law Revision Counsel. 26 USC 6652 – Failure to File Certain Information Returns, Registration Statements, Etc.
To escalate, write to IRS EO Classification, Mail Code 4910, 1100 Commerce Street, Dallas, TX 75242. Include the name and address of the organization that refused. The IRS will contact the nonprofit, arrange an inspection time, and assess penalties if the refusal continues.11Internal Revenue Service. Public Disclosure and Availability of Exempt Organizations Returns – Non-Compliance With Exempt Organizations Public Disclosure Requirements
The Version You Get May Be Old
Bylaws attached to the original exemption application may be years or decades old. Organizations amend their bylaws over time, and those amendments don’t automatically show up in any federal database. The IRS requires exempt organizations to report structural and operational changes on their annual return, so a note about a bylaw change may appear in a Form 990, but the amended text itself typically won’t.12Internal Revenue Service. Exempt Organizations – Reporting Changes to IRS
If you need the current version, ask the organization directly. The federal disclosure duty in section 6104(d) covers the application package as originally filed, so a nonprofit isn’t strictly required to hand over its most recent amended bylaws under that provision. Many will share current bylaws voluntarily.
Formal Members Have Broader Rights
State nonprofit corporation acts typically give formal members stronger inspection rights than the general public. A “member” here isn’t a donor or volunteer; it’s someone with defined governance rights under the organization’s own documents, closer to a shareholder in a for-profit company. Members can generally examine a wider range of internal records, including current bylaws, board minutes, and financial statements, by submitting a written request tied to a purpose reasonably connected to their interests as members.
The specifics vary by state. Some states set a firm response deadline in business days; others give organizations more room to push back on requests they consider burdensome or improperly motivated. If you’re a formal member and the organization won’t produce the bylaws, your state’s nonprofit corporation act is the right place to look, and your state Attorney General’s office handles complaints about nonprofit governance.
Bylaws themselves are generally not filed with any state agency, so they aren’t independently available as state public records the way articles of incorporation are. The federal application route is what makes them accessible to the general public.