2022 District of Columbia Code
Title 29 - Business Organizations. [Enacted title]
Chapter 4 - Nonprofit Corporations
Subchapter VI - Directors, Officers, and Employees
Part A - Board of Directors
§ 29–406.09. Removal of directors by judicial proceeding
(a) The Superior Court may remove a director from office in a proceeding commenced by or in the right of the corporation if the court finds that:
(1) The director engaged in fraudulent conduct with respect to the corporation or its members, grossly abused the position of director, or intentionally inflicted harm on the corporation; and
(2) Considering the director’s course of conduct and the inadequacy of other available remedies, removal would be in the best interests of the corporation.
(b) A member, individual director, or member of a designated body proceeding on behalf of the nonprofit corporation under subsection (a) of this section shall comply with all of the requirements of subchapter XI of this chapter.
(c) The court, in addition to removing the director, may bar the director from being reelected, redesignated, or reappointed for a period prescribed by the court.
(d) Nothing in this section limits the equitable powers of the court to order other relief.
(e) If a proceeding is commenced under this section to remove a director of a charitable corporation, the plaintiff shall give the Attorney General for the District of Columbia notice in record form of the commencement of the proceeding.
(July 2, 2011, D.C. Law 18-378, § 2, 58 DCR 1720.)
