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Anne_C
Anne_C, Attorney
Category: Business Law
Satisfied Customers: 2302
Experience:  Business litigator, 15 years' experience
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can a convicted felon hold a corporate officer

Resolved Question:

can a convicted felon hold a corporate officer position?
Submitted: 8 years ago.
Category: Business Law
Expert:  Anne_C replied 8 years ago.

DearCustomer

What state is the convicted felon in? What state is the corporation in? What kind of corporation is it? Did the person disclose his or her felony conviction? What position is the corporate officer in?

Customer: replied 8 years ago.
Sorry should have been more specific. The incarceration was for embezzlement. In California spent time at Federal Prison Lompoc. He is now President/COO of a California S corp. And we fear he has done it again! The CEO knew that he had been convicted. It is complex and hard to get him out. I am just trying to assist my brother the CEO
Expert:  Anne_C replied 8 years ago.

DearCustomer

Please pardon my delay in responding to your question; my internet access was down.

There's no law prohibiting a convicted felon from serving as a corporate officer in California. However, if the convicted felon failed to disclose his past when he was asked when he was first hired; or concealed his past by saying that he was someplace else during the time he was actually incarcerated, this would be fraud and a grounds for removing the corporate officer.

If the conviction was withheld from the shareholders, then the shareholders may have a legal cause of action against the convicted felon and whomever hired the felon.

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