{"data":{"id":"us-me/13-b-m.r.s.-704-a","jurisdiction":"us-me","citation":"13-B M.R.S. §704-A","heading":"Removal of directors by judicial proceeding","body":"1.  Removal.  The Superior Court may remove any director of a corporation from office if the court finds that removal is in the best interest of the corporation and that:\nA.  The director engaged in fraudulent or dishonest conduct or gross abuse of authority or discretion with respect to the corporation;\nB.  Section 713‑A has been violated; or\nC.  A final judgment has been entered finding that the director has violated a duty set forth in section 712 or sections 717 to 720.\n2.  Who may bring action.  A petition for removal under subsection 1 may be filed by:\nA.  The corporation, if 2/3 of the directors then in office resolve that an individual director should be removed;\nB.  Two-thirds of the members entitled to vote for that director or a lesser number as provided in the articles of incorporation of the corporation for removal of a director pursuant to section 704; or\nC.  In the case of a public benefit corporation, the Attorney General.\n3.  Place of filing.  The petition for removal under subsection 2 must be filed:\nA.  In the county where the corporation's principal office is located;\nB.  In the county where the corporation's registered office is located if the corporation has no principal office in this State; or\nC.  In the Superior Court of Kennebec County if the corporation has no principal office or registered office in this State.\n4.  Court action.  The court that removes a director under this section may bar the director from serving on the board of directors for a period prescribed by the court.\n5.  Notice to Attorney General; Attorney General actions.  If the members of a corporation or the Attorney General commences a proceeding under this section, the corporation is made a party defendant.  If a public benefit corporation or its members commence a proceeding under subsection 1, the public benefit corporation shall give the Attorney General written notice of the proceeding.","path":["TITLE 13-B: MAINE NONPROFIT CORPORATION ACT","CHAPTER 7: DIRECTORS AND OFFICERS"],"source_url":"https://legislature.maine.gov/statutes/13-B/title13-Bsec704-A.html","current_through":"October 1, 2025","vintage":"","retrieved_at":"2026-09-04T15:12:27Z","sha256":"e1e050a52b4686a6a280c29591df242a9ec6c466f6d5649e34fc8ca4d4b99de1","source_id":"us-me","stale":false,"prev":"us-me/13-b-m.r.s.-704","next":"us-me/13-b-m.r.s.-705"},"notice":"GroundRules: Original legal text. Not legal advice."}
