Question
In 2019, Corporation A passed a board resolution removing X from his position as manager of said corporation. The by-laws of A corporation provides that
In 2019, Corporation "A" passed a board resolution removing "X" from his position as manager of said corporation. The by-laws of "A" corporation provides that the officers are the president, general-manager, treasurer and secretary. Upon complaint filed with the SEC, it held that the general manager could be removed by mere resolution of the board of director.
On motion for reconsideration, "X" alleged that he could only be removed by the affirmative vote of the stockholders representing 2/3 of the outstanding capital stock. Is "X's" contention legally tenable.
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