355.356. Removal of director by court.
207 words·~1 min read·
/mo/chapter-355/355-356A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
355.356. Removal of director by court. — 1. The circuit court of the county where a corporation's principal office is located may remove any director of the corporation from office in a proceeding commenced either by the corporation, its members holding at least ten percent of the voting power of any class, or the attorney general in the case of a public benefit corporation if the court finds that:
(1)The director engaged in fraudulent or dishonest conduct, or gross abuse of authority or discretion, with respect to the corporation, or a final judgment has been entered finding that the director has violated a duty set forth in sections 355.416 to 355.426 ; and
(2)Removal is in the best interest of the corporation.
2. The court that removes a director may bar the director from serving on the board for a period prescribed by the court.
3. If members or the attorney general commence a proceeding under subsection 1 of this section, the corporation shall be made a party defendant.
4. If a public benefit corporation or its members commence a proceeding under subsection 1 of this section, they shall give the attorney general written notice of the proceeding.
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(L. 1994 H.B. 1095)
Effective 7-01-95