16-6a-809. Removal of directors by judicial proceeding.
(1) A court may remove a director, in an action brought by the nonprofit corporation or by voting members holding at least 10% of the votes entitled to be cast in the election of the director's successor, if the court finds that: the director engaged in: fraudulent or dishonest conduct; or gross abuse of authority or discretion with respect to the nonprofit corporation; or a final judgment has been entered finding that the director has violated a duty set forth in Section; and 16-6a-822 removal is in the best interests of the nonprofit corporation.
(2) The court that removes a director may bar the director for a period prescribed by the court from: reelection; reappointment; or designation.
(3) If voting members commence a proceeding under Subsection, the voting members shall make the nonprofit corporation a party defendant. (1)
(4) A director who is removed pursuant to this section may deliver to the division for filing a statement to that effect pursuant to Section. 16-6a-1608