Missouri Revised Statutes













Chapter 355

Nonprofit Corporation Law

←355.351

Section 355.356.1

355.361→

August 28, 2015

Removal of director by court.

355.356. 1. The circuit court of the county where a corporation's

principal office is located may remove any director of the corporation from

office in a proceeding commenced either by the corporation, its members

holding at least ten percent of the voting power of any class, or the

attorney general in the case of a public benefit corporation if the court

finds that:



(1) The director engaged in fraudulent or dishonest conduct, or gross

abuse of authority or discretion, with respect to the corporation, or a final

judgment has been entered finding that the director has violated a duty set

forth in sections 355.416 to 355.426; and



(2) Removal is in the best interest of the corporation.



2. The court that removes a director may bar the director from serving

on the board for a period prescribed by the court.



3. If members or the attorney general commence a proceeding under

subsection 1 of this section, the corporation shall be made a party defendant.



4. If a public benefit corporation or its members commence a proceeding

under subsection 1 of this section, they shall give the attorney general

written notice of the proceeding.



(L. 1994 H.B. 1095)



Effective 7-1-95







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