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ARTICLE · 03 MARCH 2015

Directors’ Qualifications And Disqualifications

Miller Thomson
Miller Thomson
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Miller Thomson

Miller Thomson LLP ("Miller Thomson") is a national business law firm with approximately 500...

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We recommend that corporations have qualification and disqualification provisions in their by-laws.

CanadaCorporate/Commercial Law

We recommend that corporations have qualification and disqualification provisions in their by-laws.  These by-laws allow the corporation to deal with the following issues among others:

  1. limiting board membership to owners and/or residents living with owners,
  2. requiring the delivery of information before the election about the candidates so that owners can know who they may be voting for and why or why not they should vote for them,
  3. controlling interaction between the board and owners who might be in litigation with the corporation,
  4. disqualifying board members from the board if they fail to attend a certain number of meetings without a valid excuse, so that people do not just get elected to the board and then do not make the required contribution.

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