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N.H. Rev. Stat. Ann. § 293-A:8.09

Removal of Directors by Judicial Proceeding

Known as the New Hampshire Business Corporation Act

The act spans §§ 293-A:10.01 to 293-A:9.56 (230 sections).

Source. 2013, 142:1, eff

(a) The superior court of the county where a corporation's principal office (or, if none in this state, its registered office) is located may remove a director of the corporation from office in a proceeding commenced by or in the right of the corporation if the court finds that: (1) the director engaged in fraudulent conduct with respect to the corporation or its shareholders, grossly abused the position of director, or intentionally inflicted harm on the corporation; and (2) considering the director's course of conduct and the inadequacy of other available remedies, removal would be in the best interest of the corporation.

(b) A shareholder proceeding on behalf of the corporation under subsection (a) shall comply with all of the requirements of RSA 293-A:7.40 through RSA 293-A:7.47, except RSA 293-A:7.41(1).

(c) The court, in addition to removing the director, may bar the director from reelection for a period prescribed by the court.

(d) Nothing in this section limits the equitable powers of the court to order other relief.

Official source: New Hampshire General Court. Reproduced from public-domain New Hampshire statutes; confirm against the official source for the current text. Not legal advice.