355.241. Court-ordered meeting, grounds. - Missouri Statutes

Court-ordered meeting, grounds.

355.241. 1. The circuit court of the county where acorporation's principal office, or, if none in this state, itsregistered office, is located may summarily order a meeting to beheld:

(1) On application of any member or other person entitledto participate in an annual or regular meeting, and in the caseof a public benefit corporation other than a church or conventionor association of churches, the attorney general, if an annualmeeting was not held within the earlier of six months after theend of the corporation's fiscal year or fifteen months after itslast annual meeting; or

(2) On application of any member or other person entitledto participate in a regular meeting, and in case of a publicbenefit corporation other than a church or convention orassociation of churches, the attorney general, if a regularmeeting is not held within forty days after the date it wasrequired to be held; or

(3) On application of a member who signed a demand for aspecial meeting valid under section 355.236 a person or personsentitled to call a special meeting, and in the case of a publicbenefit corporation other than a church or convention orassociation of churches, the attorney general, if:

(a) Notice of the special meeting was not given withinthirty days after the date the demand was delivered to acorporate officer; or

(b) The special meeting was not held in accordance with thenotice.

2. The court may fix the time and place of the meeting,specify a record date for determining members entitled to noticeof and to vote at the meeting, prescribe the form and content ofthe meeting notice, fix the quorum required for specific mattersto be considered at the meeting, or direct that votes representedat the meeting constitute a quorum for action on those matters,and enter other orders necessary to accomplish the purpose orpurposes of the meeting.

3. If the court orders a meeting, it may also order thecorporation to pay the member's costs, including reasonablecounsel fees, incurred to obtain the order.

(L. 1994 H.B. 1095)

Effective 7-1-95