News & Analysis as of

Corporate Governance Power of Appointment

Allen Matkins

What To Do When A Director Goes Missing

Allen Matkins on

I haven't actually encountered a case in which a corporation simply can't find a member of its board of directors. If such a situation should arise, however, the California General Corporation Law has an answer in Section...more

Allen Matkins

A House Divided Without Provision For A Provisional Director?

Allen Matkins on

This week, I have been writing about Section 308 of the California Corporations Code. Subdivision (b) of the statute authorizes the Superior Court to appoint one or more provisional directors when "the shareholders of a...more

Allen Matkins

Provisional Directors And The Third Degree

Allen Matkins on

Monday's post concerned the appointment of one or more provisional directors pursuant to California Corporations Code Section 308. The statute requires that a provisional director be an "impartial person". In addition, the...more

Allen Matkins

Deadlocks And The Provisional Director

Allen Matkins on

Section 308 authorizes the Superior Court to appoint a provisional director in two different circumstances. Although both involve the existence of a deadlock, the conditions under which a provisional director may be appointed...more

Allen Matkins

Court Refuses To Break Board Deadlock By Appointing A Provisional Director

Allen Matkins on

Section 308 of the California Corporations Code provides for the appointment of a provisional director when a corporation has an even number of directors who are equally divided and cannot agree as to the management of the...more

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