There were irregularities during the election of the officers of our nonprofit corporation and a new election was required. Does the incumbent president remain in office until the election is held, or is that office vacated and filled by the vice-president?
Check your bylaws. Even though the President’s term "expired,” most bylaws and most state nonprofit corporation statutes provide that officers serve for their term “and until their successors are selected.” Therefore, if there is no selection of a successor by the end of the term, the officer stays in office until there is one. It is a very effective provision to avoid vacancies when organizations do not act when they are supposed to.
Monday, February 23, 2009
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