Design

Generally, part, division, section is a more effective and common hierarchical structure for bylaws than part, section, clause. This is because "division" provides an intermediate level of organization, allowing for a clearer, more logical grouping of related sections. While "clause" is a valid legal term, it typically refers to a smaller unit of text within a section, not a major grouping of sections.

The Hierarchy of Legal Documents

In legal drafting, a clear hierarchy is essential for organizing complex information. Bylaws, which are the fundamental rules governing an organization, benefit from a layered structure that guides the reader from broad concepts to specific details. The most common and effective organizational structure is as follows, from broadest to most specific:

 * Part: The highest level of organization. A bylaw can be divided into several parts, with each one covering a major, distinct subject. For example, a bylaw might have a "Part 1: General Provisions" and a "Part 2: Membership."

 * Division: A subdivision of a Part. Divisions are used to group related sections together. For instance, within a "Part on Membership," you might have a "Division 1: Member Classes" and a "Division 2: Member Dues."

 * Section: A distinct, numbered unit of the bylaw that addresses a specific topic. Sections are the core of a bylaw and are where the majority of the rules are laid out.

 * Subsection/Clause/Article: The lowest level of the hierarchy, used to break down a section into smaller, more digestible points. These are often designated by letters (a), (b), (c) or numbers in parentheses (1), (2), (3). The term "clause" is frequently used at this level to denote a specific provision within a sentence or a point in a list.

Why "Division" is a Better Choice

Using part, division, section creates a logical and nested structure that's easy for members, directors, and legal professionals to navigate. A bylaw that uses divisions is more adaptable and easier to amend because changes to one division won't disrupt the numbering of unrelated divisions within the same part.

A "clause" is a term often used to refer to a single, specific provision, or a small unit within a sentence or a list. It is not typically used as a major structural heading like "division." While the term "clause" can be used in a bylaw, it's generally reserved for the lowest level of the hierarchy, such as a bullet point or a sub-paragraph. Using it as a major organizational unit would deviate from standard legal drafting practices and could lead to confusion.