ASMBS State Chapter Program

 

How to Form a State Chapter

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I. Initial Contact and Request for Application

Requests will only be accepted from ASMBS surgeon members in good standing. Prior to starting the application process it is strongly recommended that the primary applicant hold an initial meeting to determine local interest. Once the interest of other ASMBS members in the area has been determined, the application process can be initiated.

II. Preliminary Application

Download Application (PDF)

Requirements:

1. Name of state requesting ASMBS State Chapter Status
2. Name and contact information of the president (primary contact) of the Chapter
3. Name and contact information of all officers. All Chapter members must be an ASMBS member in good standing regardless of level of membership.

III. Full Chapter Status Application

Requirements:

1. Written Acceptance of the Preliminary Application
2. Review the ASMBS State Chapter Charter Agreement. (PDF)
3. Provide documentation that the group is formally incorporated as a nonprofit organization. The application shall be accompanied by a copy of the applicant’s articles of incorporation showing the date of filing.
4. Provide a copy of the duly adopted bylaws. Note: The applicant’s bylaws must indicate a corporate purpose consistent with the purpose and objectives of the ASMBS as set forth in the ASMBS’s most current bylaws. A copy of sample of suggested bylaws are provided here. Download the sample bylaws. (PDF)
5. Provide updated information on the principle office and mailing addresses and the names, telephone numbers, and e-mail addresses of all officers.
6. Submission of a yearly budget
7. A nonrefundable fee of $100

IV. Application Review and Approval Process

1. On receipt of an application and application fee, the application will be reviewed by staff for completeness. If any required information or documentation is missing, the applicant will be notified. No action will be taken on the application until all required information and documentation has been submitted.

2. Completed applications and accompanying documentation shall be forwarded to the Chair of the State Chapters Committee. The State Chapters Committee shall review all applications and recommend those applicants meeting the requirements to the Executive Council for designation as a local chapter. Applicants not meeting the requirements shall be referred back to the Executive Director with a statement of reasons why the application is being declined. The applicant should be encouraged to rectify any deficiencies and to reapply.

3. Applicants recommended for designation must be approved by a majority vote of the Executive Council. Approval of an applicant shall be subject to the applicant executing a Charter Agreement with ASMBS.

4. The ASMBS shall notify applicants of the decision of the Executive Council. Approved applicants will be forwarded a Charter Agreement which must be executed by the applicant and returned to ASMBS. The Executive Director is authorized to execute the Charter Agreement on behalf of ASMBS.

5. A fully executed copy of the Charter Agreement shall be returned to the applicant together with a certificate designating the applicant group as a local chapter of ASMBS.

V. Rights and Duties of Local Chapters

1. Applicant groups which have been approved by the Executive Council and which have executed a Charter Agreement will be referred to as a Chapter of ASMBS.

2. Each Chapter shall have the right to utilize the name of ASMBS in the name of the Chapter, to acknowledge and advertise its affiliation with ASMBS as a local chapter, and to receive any other benefits which may be bestowed by ASMBS on its designated local chapters.

3. A Chapter and ASMBS, and their respective members, employees, agents, officers or directors, are not considered agents, employees, joint venturers, partners or legal representatives of the other for any purpose.

4. EachChapter shall abide by and promote the purposes and objectives of ASMBS as set forth in the most current version of ASMBS’s bylaws. A Chapter’s bylaws shall not conflict with or be inconsistent with the bylaws of ASMBS. A Chapter must submit all bylaw amendments to ASMBS.

5. Each Chapter must maintain its not-for-profit corporate status at all times as a condition of designation as a local chapter of ASMBS.

6. Each Chapter must apply for tax exemption with the Internal Revenue Service and appropriate state taxing authority. A Chapter’s applications for tax exemption must be filed in the Chapter’s own name and not in the name of ASMBS. No Chapter shall be included on ASMBS’s IRS Form 990. Each Chapter must obtain its own federal and state employer identification numbers and shall not use the employer identification numbers of ASMBS. Each Chapter is solely responsible for complying with all applicable tax laws, rules, regulations and filing requirements.

7. Any bank accounts established by a Chapter shall be established in its own name and not in the name of ASMBS.

8. Each Chapter may determine its own qualifications and requirements for membership provided that such qualifications and requirements are consistent with those established by ASMBS for membership in ASMBS. Members of a Chapter must be members of ASMBS.

9. A Chapter may impose and set the amount of dues on its members.

10. AChapter may use the ASMBS name provided that the use clearly distinguishes between the Chapter and ASMBS. Each Chapter must ensure that its communications with third parties and the general public specify that the communication is that of the Chapter. A Chapter may identify itself as a local chapter of ASMBS as follows: “[Actual Chapter name, i.e., Bariatric Surgery Society of State X ], a local chapter of the American Society for Bariatric Surgery”, “The [State X] Chapter of ASMBS” or similar wording which denotes the chapter relationship. Officers, directors or members communicating on behalf of a Chapter should identify themselves as officers, directors or members of the Chapter.

11. Each Chapter must provide and keep ASMBS current with the Chapter’s contact information including principal office address, mailing address, and phone numbers and email addresses of officers.

12. ASMBS may post information regarding its Chapters on ASMBS’s website.

13. Each Chapter shall provide an annual report on its activities to the Chairperson of the ASMBS State Chapters Committee prior to the ASMBS Annual Meeting. The annual report should include: a) a listing of the Chapter’s current officers and directors; b) a roster of current members; c) a summary of the Chapter’s activities for the 12 months prior to the annual meeting including member meetings, legislative activities, seminars or continuing education classes and other items of interest as well as a summary of future planned activities; and d) balance sheets for the prior year end and current year to date. Failure to provide an annual report is grounds for termination of chapter status.

14. A Chapter shall remain a Chapter until and unless its Charter is terminated. A Charter may be terminated by either the Chapter or ASMBS at any time for any reason, with or without cause, on thirty days written notice to the other party. Upon termination by either party for any reason, the Chapter must immediately cease utilizing the ASMBS name and acronym and may no longer claim any affiliation with ASMBS.