What to do if we have a not-for-profit corporation and the old secretary/treasurer of the corporation refuses to turn over the files?
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What to do if we have a not-for-profit corporation and the old secretary/treasurer of the corporation refuses to turn over the files?
We cannot obtain any of the files, records, receipts, bank statements from the past secretary/treasurer. What do we have to do to have this information returned to the corporation so the new secretary/treasurer can conduct our business? The old officer will not return our calls, answer any letters, or take any actions to relinquish his hold on the books. We have had a lawyer send a letter directing him to turn everything over and still have not heard a thing.
Asked on December 23, 2011 under Business Law, New York
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If the former secretary and treasurer of the corporation that you are writing about has refused to turn over the corporate books of the entity that you have written about and has been unresponsive to letters and calls to do so, there is a good chance that the corporate books may no longer be in existence.
Your option may be to file a legal action for injuntive relief where the court could order the former secretary/treasurer to turn over the corporate records desired. You should defer to your legal counsel on the subject.
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