LegalFix
Sign In

23 - Action Against Directors and Officers for Misconduct.

NY Rural Elec Coops L § 23 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(1) To compel the defendant to account for his or her official conduct in the following cases:

(i) The neglect of, or failure to perform, or other violation of his or her duties in the management and disposition of cooperative assets committed to his or her charge.

(ii) The acquisition by him or herself, transfer to others, loss or waste of cooperative assets due to any neglect of, or failure to perform, or other violation of his or her duties.

(2) To set aside an unlawful conveyance, assignment or transfer of cooperative assets, where the transferee knew of its unlawfulness.

(3) To enjoin a proposed unlawful conveyance, assignment or transfer of cooperative assets, where there are reasonable grounds for belief that it will be made.

(b) An action may be brought for the relief provided in this section and in subdivision (a) of section twenty-five of this article by the attorney general, by the cooperative or, in the right of the cooperative by any of the following:

(1) A director or officer of the cooperative.

(2) A receiver, trustee in bankruptcy, or judgment creditor thereof.

(3) By one or more of the members of the cooperative.

Previous Section
22 - Liability of Directors in Certain Cases.
Next Section
24 - Nonexclusivity of Statutory Provisions for Indemnification of Directors and Officers.