Ala. Code § 10A-3A-8.09

Current through the 2024 Regular Session.

Section 10A-3A-8.09 - Removal of directors by judicial proceeding

The designated court, and if none, the circuit court for the county in which the nonprofit corporation's principal office is located in this state, and if none in this state, the circuit court for the county in which the nonprofit corporation's most recent registered office is located may remove a director from office or may order other relief, including barring the director from reelection, redesignation, or reappointment for a period prescribed by the court, in a proceeding commenced by or in the right of the nonprofit corporation if the court finds that:

(i) the director engaged in fraudulent conduct with respect to the nonprofit corporation or its members, grossly abused the position of director, or intentionally inflicted harm on the nonprofit corporation; and

(ii) considering the director's course of conduct and the inadequacy of other available remedies, removal or such other relief would be in the best interest of the nonprofit corporation.

Ala. Code § 10A-3A-8.09 (1975)

Added by Act 2023-503,§ 1, eff. 1/1/2024.