Legal Question in Business Law in California

i sit on the board of directors for a very small non profit organization. for many years the president has held both titles of Treasure and President. After the board seen fit to vote in a new Treasure for many reasons as of two weeks ago. The President has not and refugees to turn over the bank account to the new treasure and no one has the information other than he / tax ID # etc etc.. and is still withdrawing and depositing . He continues to neglect our wishes and we took proper protocol and voted and the minutes show this action clearly. .He has already stated that he needs to pay back some monies . he is now illegally handling funds that our 501c non profit lic. and donors have been writing checks in his name instead of our origination


Asked on 8/19/15, 4:05 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Sounds like some aspects of his conduct are improper, like fraud and/or breach of fiduciary duty. I'd recommend finding a local attorney with some non-profit experience and asking for an initial 30-minute (or so) free consultation. The attorney may recommend either a contact with the attorney general or taking private action if possible under the organization's bylaws to remove the president. You might also ask for a meeting with a high-ranking officer of the bank, which should be attended by you and at least one other representative from the nonprofit for credibility and witness reasons.

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Answered on 8/19/15, 4:24 pm


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