The Superior Court Has The Authority To Determine The Validity Of Board Elections, But What About Recalls? (CA)

Section 709 of the California Corporations Code provides a mechanism for “any shareholder” or “any person who claims to have been denied the right to vote” to obtain a determination by the Superior Court of the validity of any election or appointment of any director of any domestic corporation, or of any foreign corporation if the election was held or the appointment was made in California. The statute does not directly authorize the Superior Court to determine the validity of a vote to remove a director.   Read the article………………………..

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