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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 111462
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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My question is this. As a chairman slash President of a corporation

Customer Question

My question is this. As a chairman slash President of a corporation not for profit who continues to cause conflict and not abide by the bylaws. Who has been asked to resign then the Board impeached him and he voted on his own impeachment and clearly states that he could not vote has been detrimental to the members of other chapters right down to causeing problems for other business how can we get an injuction to stop him quickly till this is all hashed out and this is in NY state and ABATE of NY President
Submitted: 7 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 7 years ago.
If he has not complied with the bylaws, the next move is to proceed to the courts and seek a declaratory judgment against him and removing him based upon the vote of the remaining board members. The corporation is bound to follow the bylaws and when they do not the court can issue a declaratory judgment ruling that the bylaws must be followed.


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Customer: replied 7 years ago.
ok what court and where could I get the forms to do this
Expert:  Law Educator, Esq. replied 7 years ago.
You cannot do this, as it is a corporation, the corporation must be represented by an attorney, since anyone else representing the corporation would be considered the unauthorized practice of law.