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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Business Law
Satisfied Customers: 18834
Experience:  B.A.; M.B.A.; J.D.
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We are Community of Religious Brothers who are incorporated

Customer Question

We are Community of Religious Brothers who are incorporated in 1998 which also listed the initial Board of Trustees consisting of 3 Brothers, one whom is dead, the other has left the community several years ago and one remains part of the Community but holds no office. However, the one remaining has now tried to claim he is the Chairman of the Board and can make decisions pertaining to the Community, even to sending out certified letters to some members he does not like telling them they are not "fit" for membership, etc.
He also, recently attempted to change the signatory signatures on our account with our Bank, using his name as Chairman, and one of the other initial Board Members, who is no longer a member, and he signed both names on the bank documents. The Bank felt something was suspicious and froze the account.
The articles of Incorporation do not specify elections, removal from membership etc. However, we do have Statutes for the Community of Brothers that defines the offices and election procedures and removal procedures for any Brother being removed. Further, it states clearly that the Elected Guardian of the Community, is the Chief Executive Officer of the Community/Corporation.
How do we stop this man?
Submitted: 1 year ago.
Category: Business Law
Expert:  Phillips Esq. replied 1 year ago.

The Chief Executive Officer should send notices to the banks and all third parties the organization deals with that this "brother" does not have the authority to act on behalf of the organization.

You should use your removal procedure to remove him if he continues to usurp authority.