Colorado § 7-128-109 Removal of directors by judicial proceeding

Colorado Statutes

§ 7-128-109 — Removal of directors by judicial proceeding

Colorado·Title 07 Corporations·Art. Directors and Officers

(1)A director may be removed by the district court for the county in this state in which the address of the nonprofit corporation's principal office is located or, if the nonprofit corporation has no principal office in this state, by the district court for the county in which the street address of its registered agent is located, or, if the nonprofit corporation has no registered agent, by the district court for the city and county of Denver, in a proceeding commenced either by the nonprofit corporation or by voting members holding at least ten percent of the votes entitled to be cast in the election of such director's successor, if the court finds that the director engaged in fraudulent or dishonest conduct or gross abuse of authority or discretion with respect to the nonprofi

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(1) A director may
be removed by the district court for the county in this state in which the address of
the nonprofit corporation's principal office is located or, if the nonprofit corporation
has no principal office in this state, by the district court for the county in which the
street address of its registered agent is located, or, if the nonprofit corporation has
no registered agent, by the district court for the city and county of Denver, in a
proceeding commenced either by the nonprofit corporation or by voting members
holding at least ten percent of the votes entitled to be cast in the election of such
director's successor, if the court finds that the director engaged in fraudulent or
dishonest conduct or gross abuse of authority or discretion with respect to the
nonprofit corporation, or a final judgment has been entered finding that the director
has violated a duty set forth in part 4 of this article, and that removal is in the best
interests of the nonprofit corporation.

(2) The court that removes a director may bar the director from reelection for
a period prescribed by the court.

(3) If voting members commence a proceeding under subsection (1) of this
section, they shall make the nonprofit corporation a party defendant.

(4) Repealed.

Colorado § 7-128-109 (Removal of directors by judicial proceeding) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 97: Entire article added, p. 691, � 3, effective July 1, 1998. L. 2000: (4) amended, p. 983, � 84, effective July 1. L. 2002: (4) amended, p. 1855, � 139, effective July 1; (4) amended, p. 1720, � 141, effective October 1. L. 2003: (1) amended, p. 2341, � 304, effective July 1, 2004. L. 2004: (4) repealed, p. 1511, � 299, effective July 1.