Legal Question in Business Law in Georgia
Hi, I'm curious about whether or not we have grounds for a civil suit. I am a board of directors member of a nonprofit basketball league. Our league President took on the the role of acting treasurer this season, but the summary of our account at the end of our season was HIGHLY questionable, as was the amount he said we have in the bank. We've asked him repeatedly for an itemized statement & the login & username to the league's online bank account (Because he's been voted out) but he has repeatedly delayed turning over that info. He claims we only have $200 in the bank, but won't give us the money, while we still have outstanding expenses.. If we send him a demand notice to turn over an itemized statement of expenses & the bank account login info (within 3 days), do we have any recourse after that?
2 Answers from Attorneys
Your rights, and who can exercise them, would be based upon the documents that created the league (hopefully they were drafted by a lawyer). As a director, you could potentially be sued personally both for taking the wrong steps, or for not acting, or for acting, so it is imperative you stop asking for internet guesses, and have the board meet with experienced counsel, before doing anything.
Why don't the current officers go to the bank and get the accounts changed? If you had a viable claim, does the organization have thousands of dollars to pay a lawyer to file a suit (and the same can be said for anyone who believes they have a claim against you or anyone else)?
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