§ 10-33-62 — Termination of membership

North Dakota § 10-33-62

• Jurisdiction: North Dakota
• Title 10: Corporations
• Ch. 10-33: Nonprofit Corporations

Text

1. A member may not be expelled or suspended, and a membership may not be
terminated or suspended, except pursuant to a procedure that is fair and reasonable
and is carried out in good faith. This section does not apply to the termination of a
membership at the end of a fixed term.
2. A procedure is fair and reasonable when it is fair and reasonable taking into
consideration all of the relevant facts and circumstances. In addition, a procedure is
fair and reasonable if it provides:
a. Not less than fifteen days' prior written notice of the expulsion, suspension, or
termination, and the reasons for it; and
b. An opportunity for the member to be heard, orally or in writing, not less than five
days before the effective date of the expulsion, suspension, or termination by a
person authorized to decide that the proposed expulsion, termination, or
suspension not take place.

3. A proceeding challenging an expulsion, suspension, or termination, including a
proceeding in which defective notice is alleged, must be commenced within one year
after the effective date of the expulsion, suspension, or termination.
4. The expulsion, suspension, or termination of a member does not relieve the member
from obligations the member may have to the corporation for dues, assessments, or
fees or charges for goods or services.