2020 Colorado Revised Statutes
Title 7 - Corporations And Associations
Article 128. Directors and Officers
Section 7-128-109. Removal of directors by judicial proceeding.
(1) A director may be removed by the district court for the county in this state in which the address of the nonprofit corporation's principal office is located or, if the nonprofit corporation has no principal office in this state, by the district court for the county in which the street address of its registered agent is located, or, if the nonprofit corporation has no registered agent, by the district court for the city and county of Denver, in a proceeding commenced either by the nonprofit corporation or by voting members holding at least ten percent of the votes entitled to be cast in the election of such director's successor, if the court finds that the director engaged in fraudulent or dishonest conduct or gross abuse of authority or discretion with respect to the nonprofit corporation, or a final judgment has been entered finding that the director has violated a duty set forth in part 4 of this article, and that removal is in the best interests of the nonprofit corporation.
The court that removes a director may bar the director from reelection for a periodprescribed by the court.
If voting members commence a proceeding under subsection (1) of this section, theyshall make the nonprofit corporation a party defendant.
Repealed.
Source: L. 97: Entire article added, p. 691, § 3, effective July 1, 1998. L. 2000: (4) amended, p. 983, § 84, effective July 1. L. 2002: (4) amended, p. 1855, § 139, effective July 1; (4) amended, p. 1720, § 141, effective October 1. L. 2003: (1) amended, p. 2341, § 304, effective July 1, 2004. L. 2004: (4) repealed, p. 1511, § 299, effective July 1.
