Legal Question in Business Law in California

Re: I resigned from a corporation-sole,I couldn't see the Wolf

The bylaws and the articles will govern the operations of hte corporation.

Re: I resigned from a corporation-sole,I couldn't see the Wolf

I think a corporation sole would be treated, in these circumstances, much the same as a modern non-profit religious corporation, and your rights and remedies would be determined accordingly.

If you were voted in originally, the same folks who had the power to do that would, I think, have the power either to remove you and name a successor, or, later, to remove the successor and reinstate you.

If you were not qualified because you were not a minister, your chances for reinstatement would seem to be poor.

I think you may have two alternatives. One is to find a better-spirited person with the proper ordainment to succeed the person who is now subverting the purposes of the corporation sole, and take steps to install this person as the new manager. The other is to ask a court of law to provide some sort of remedy. The latter may be difficult and expensive, unless you can garner the support of the voting membership.

Unfortunately, if you lack a required credential for holding office, you probably can't obtain reinstatement.

If the corporation sole has written organic documents such as a charter or articles of incorporation, and bylaws, an attorney should interpret them for you to assist you in evaluating your rights and remedies.

The plain fact is that worthy managements get tossed out of control by the less worthy in all sorts of organizations these days. Holding office is not so much a matter of talent as it is of understanding the rules for gaining and holding power.

Re: I resigned from a corporation-sole,I couldn't see the Wolf

The articles of incorporationa and bylaws will govern. Call to discuss 800-685-6950