Skip to main content
Find a Lawyer

North Dakota Century Code Title 10. Corporations § 10-33-36. Nonjudicial removal of directors

Current as of January 01, 2024 | Updated by Findlaw Staff

1. This section applies unless a different method of removal is provided for in the articles or bylaws.

2. With respect to an elected director:

a. If there is a member with voting rights:

(1) A director may be removed by the board at any time, with or without cause, if:

(a) The director was named by the board to fill a vacancy;

(b) The members with voting rights have not elected directors in the interval between the time of the appointment to fill the vacancy and the time of the removal; and

(c) A majority of the remaining directors present affirmatively vote to remove the director.

(2) A director may be removed at any time, with or without cause, by those members eligible to elect the director.

b. If there is no member with voting rights, a director may be removed at any time, with or without cause, by those directors eligible to elect the director.

3. With respect to an appointed director:

a. Except as otherwise provided in the articles or bylaws, an appointed director may be removed without cause by the person appointing the director.

b. The person removing the director shall do so by giving written notice of the removal to the director and either the presiding officer of the board or the corporation's president or secretary.

c. A removal is effective when the notice is effective unless the notice states a future effective date.

4. A new director may be elected at a meeting at which a director is removed.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - North Dakota Century Code Title 10. Corporations § 10-33-36. Nonjudicial removal of directors - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-10-corporations/nd-cent-code-sect-10-33-36/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard