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Ark. Code Ann. § 4-27-809

Removal of directors by judicial proceeding

Known as the Arkansas Business Corporation Act

The act spans §§ 4–4 (323 sections).

Applied in 1 court decision — leading case Taylor v. Hinkle (2004)

Most recently applied in Taylor v. Hinkle (December 2004)

Acts 1987, No. 958, § 64-809; 2007, No. 638, § 10.

(1) The circuit court of the county where a corporation's principal office is located or the Pulaski County Circuit Court, if the corporation does not have a principal office in this state, may remove a director of the corporation from office in a proceeding commenced either by the corporation or by its shareholder holding at least ten percent (10%) of the outstanding shares of any class if the court finds that: The director engaged in fraudulent or dishonest conduct, or gross abuse of authority or discretion, with respect to the corporation; and

(2) Removal is in the best interest of the corporation.

(3) The court that removes a director may bar the director from reelection for a period prescribed by the court.

(4) If shareholders commence a proceeding under subsection (a) of this section, they shall make the corporation a party defendant.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.