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
Nonprofit Corporation Law
[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?
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.