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  1. #1
    sN185a is offline Junior Member
    Join Date
    Sep 2010
    Posts
    1

    Non-profit bylaws Missouri

    Regarding a non-profit organization in operation in Missouri.

    The BOARD of directors is elected by the MEMBERSHIP, and the BOARD of directors in turn elects the OFFICERS of the organization.

    The bylaws elude to the removal of a board member by a majority affirmation by the BOARD.

    Is this is violation of the following Missouri Statute?

    Missouri Revised Statutes
    Chapter 355
    Nonprofit Corporation Law
    Section 355.346
    [url=http://www.moga.mo.gov/statutes/C300-399/3550000346.HTM]Section 355-346 Removal of directors.[/url]

    Is my assumption correct that the organizations bylaws can be no stricter than that provided by the state of Missouri legal system?

    When do these revised status over rule an organizations bylaws, when do they not?

    ---
    Additional Notes

    It is my understanding that the following holds
    355.346.9 does not apply, as neither the bylaws or the articles have mention of removal for missing a certain number of meetings.

    Further no meeting as outlined in 355.346.5 occurred, and thus the members never voted for the removal of the director.

    ---
  2. #2
    pattytx is offline Senior Member
    Join Date
    Oct 2004
    Location
    small town, PA
    Posts
    9,442
    What does this have to do with Hiring, Firing, or Wrongful Termination. Being a director does not automatically make the individual and employee; and employees who ARE on the board can be removed without affecting their employment status.
    ---------------------------------------------------------------------------------------------------------------------------------------------------------
    You have not won the law suit lottery; in fact, you haven't even won the law suit scratch-off.

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