Sunnyvale, CA asked in Business Law for California

Q: If a nonprofit benefit corporation has several directors whose terms have expired, can the directors stay on until

Can directors whose terms have expired remain on the board until replacements have been elected to the board?

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1 Lawyer Answer

A: Common sense tells me that once a Director's Term has expired, he or she is no longer a Director, unless the Board acts to extend their term. The best way to handle this would have been to have elections for new Directors, so that they could take their place on the Board immediately upon the expiration of the terms of the current Directors. The current Directors would have to give up their positions at the end of their terms.

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