SETTING THE DATE & GIVING NOTICE
FOR RECALL MEETINGS

Setting the Date. Once the membership has properly submitted a recall petition, the date of the special meeting is set by the board and may not be less than 35 nor more than 90 days from receipt of request. Corp. Code §7511(c)

For stock cooperatives the meeting date must be not less than 35 nor more than 60 days from receipt of the petition. Corp. Code §601(c)

Giving Notice to the Membership. The board has 20 days from receipt of the petition to set the date and give notice of the meeting date selected by the board. If the board does not meet this deadline, the persons calling the meeting may set the date and give notice. Corp. Code §7511(c) If the board fails to give notice, the petitioners may give notice which is not less than 10 nor more than 90 days before the date of the meeting, provided the notice is by first-class, registered, or certified mail. Corp. Code §7511(a)

NOTE: The 10-day minimum notice requirement has been superseded by the requirement to send out ballots 30 days in advance of the meeting. Civil Code §1363.03(e)

Waiver of Notice. Attendance of a person at a meeting shall constitute a waiver of notice of and presence at the meeting, except when the person objects, at the beginning of the meeting, to the transaction of any business because the meeting is not lawfully called or convened and except that attendance at a meeting is not a waiver of any right to object to the consideration of matters required by this part to be included in the notice but not so included, if the objection is expressly made at the meeting. Corp. Code §7511(e)

Notice of Purpose. Notice of the meeting must specify the purpose of the meeting. Civil Code §1363(e) Business at the meeting is limited to noticed items only; no other business may be transacted. Corp. Code §7511(a)

Proxy Requirements. Anything to the contrary notwithstanding, any proxy for the removal of a director is not valid unless it sets forth the general nature of the matter to be voted on. Corp. Code §7613(g) In addition, any proxy distributed to 10 or more members of a corporation with 100 or more members must specify a choice between approval and disapproval of the removal of the director. Corp. Code §7514(a)

Updated by ADAMS KESSLER 7/16/2008