Section 1. Name
The name of this corporation shall be the All Creatures Rescue & Sanctuary, hereafter referred to as ACR&S.
Section 2. Principal Office
The principal office of ACR&S shall be located in Morrisville, NC 27359
Section 3. Mission
The mission of ACR&S shall be:
1. To improve the lives of abandoned, unwanted, or injured domestic animals.
2. To educate the general public about responsible pet ownership.
3. To assist and partner with other organizations having similar missions.
Section 4. Purpose
The purposes of ACR&S shall be:
1. To provide care and rehabilitation for unwanted, abandoned, or injured domestic animals.
2. To find permanent adoptive homes for the animals in our care.
3. To educate the public about proper animal husbandry.
4. To educate the public about responsible pet care.
Section 5. Legal Status
A. Nonprofit: The ACR&S shall operate as a nonprofit organization. ACR&S shall neither authorize nor issue shares of stock. No part of any net earnings and no dividends or other profits shall accrue to the benefit of any member or individual.
B. Incorporation: The ACR&S shall be incorporated under the laws of the State of North Carolina governing nonprofit educational and charitable corporations.
C. Dissolution: In the event that ACR&S is dissolved:
1) All liabilities and obligations of ACR&S shall first be paid and discharged or adequate provisions be made.
2) All assets held by ACR&S upon condition requiring return, transfer, or conveyance, which condition occurs by reason of the dissolution, shall be returned, transferred, or conveyed in accordance with such requirements.
3) The residual assets of ACR&S shall be turned over to one or more organizations, to be named by the Executive Director, that are exempt as organizations described in Section 501 (C) (3) of the Internal Revenue Code of 1986, or the corresponding sections of any subsequent Internal Revenue Service Code, for the exclusive use for exempt purposes as outlined in the above-referenced Code.
Section 1. Governance
Governance of ACR&S shall be by an Executive Director, initially the same as the Incorporator. The corporate powers, property, and affairs of the corporation, except as otherwise provided by law or these Bylaws, shall be vested in, exercised, conducted, and controlled by the Executive Director. The Executive Director may delegate any of his/her powers that he/she deems judicious, and that are not in violation of the law and these Bylaws, but the Executive Director is ultimately responsible for the corporation and must ensure proper accountability.
Section 2. Charge
The Executive Director shall:
A. Be responsible for the overall planning of the organization and work to achieve the organization’s mission and goals,
B. Ensure the organization’s compliance with the conditions of all funding sources, laws, regulations, these Bylaws, and agency policies,
C. Ensure the fiscal health of the organization,
D. Develop and maintain organizational policies,
E. Approve the annual operating budget prior to the start of the organization’s fiscal year and all capital budgets, and
F. Appoint a Board of Directors to assist in all of the above matters.
Section 3. Appointment of a new Executive Director
A new Executive Director may be appointed by a written statement, signed by the Executive Director and all members of the Board of Directors, surrendering and transferring Governance of ACR&S.
Section 4. Conflict of Interest
Neither the Executive Director nor persons on the Board of Directors shall use their position for undue personal gain and they shall at all times avoid conduct which would diminish the public confidence in ACR&S.
These Bylaws were adopted on the 8th day of January 2004.
ADDENDA TO BYLAWS:
May 20, 2007: New officers appointed by executive director to fill two vacancies, both appointments confirmed by a vote of remaining officers.
December 7, 2008: Principle location changed from Swepsonville, NC to Morrisville, NC by vote of officers.