Tuesday, December 17, 2013

Illegal Appointed Board members?

Illegal Appointed Board members?


http://sc.judiciary.gov.ph/jurisprudence/2009/september2009/151969.htm

http://www.philippinelegalguide.com/2011/06/corporate-law-case-digest-valle-verde_1734.html...

It would appear that all Directors appointed by holdover Directors are illegal. I asked someone to please confirm that these links are appropriate and if I am reading this correctly. If so, then possibly five of the Directors on our Board are there illegally.

I had asked what if the Board cannot reach quorum what would happen with elections. I was told that the HLURB may intervene and allow a non-quorum body of Unit Owners at an annual meeting or special meeting to elect. Further, let me suggest that if the entire Board leaves or is left with one legal member then as I was told the corporation goes into receivership especially when the entire board leaves. Then HLURB steps in appoints an interim Board until an election is held.

Opinions?

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