QUESTION
Is there any legal rule or precedent for a Board Chairman to unilaterally remove a Board Member
Asked on Oct 17th, 2017 on Corporate Law - California
More details to this question:
In a California 501c6 non-profit, is there any federal, state or common law legal reason or precedent for the unilateral removal of a board member by the chair? If so, under what circumstances?
2 ANSWERS
Business Transactions Attorney serving Los Angeles, CA
at
Doland & Fraade
Update Your Profile
The answer is to be found in the corporate bylaws.
The other answering attorney refers to shareholders or members which do not exist in a 501(c)(6).
Answered on Nov 02nd, 2017 at 7:30 AM
No, Board Members can be removed only by vote of the shareholders or members. If the corporation does not have shareholders or members, then it must be done by the Board of Directors. The Chair acting alone does not have that power.
I suspect that there is more to this story. Before acting in reliance on this narrow question and narrow answer, you should discuss all the facts with a lawyer. An attorney will ask you questions to elicit more facts which may raise more issues, problems and solutions.
Dana Sack
510-286-2200
Answered on Oct 20th, 2017 at 10:21 AM