ELECTING NEW DIRECTORS
FOLLOWING A RECALL

In the event a recall is successful, new directors must be elected. Prior to the new election laws (effective July 1, 2006), new directors could be elected on the night of the recall meeting. That is no longer under the secret balloting system required by Civil Code §1363.03.

If the recall is successful, a date must be set for the election of a new director. The date should be approximately 45 days from the date of the recall. This gives the board time to solicit nominees, prepare ballots and send out notice of the election.

Unless the articles or bylaws otherwise provide, directors hold office until a successor has been elected. Corp. Code §7220(b)

Updated by ADAMS KESSLER 9/18/2008