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(a) The circuit court may remove a director of the corporation from office in a proceeding commenced either by the corporation or by its members holding at least ten percent of the voting power of any class 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; and (2) removal is in the best interest of the corporation.
(b) The court that removes a director may bar the director from serving on the board for a period prescribed by the court.
(c) If members commence a proceeding under subsection (a) of this section, they must make the corporation a party defendant.
Cite this article: FindLaw.com - West Virginia Code Chapter 31E. West Virginia Nonprofit Corporation Act § 31E-8-810. Removal of directors by judicial proceeding - last updated January 01, 2020 | https://codes.findlaw.com/wv/chapter-31e-west-virginia-nonprofit-corporation-act/wv-code-sect-31e-8-810.html
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