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Filling of a vacancy of a resigning director

Guest Toby Dicker

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When a director resigns can this director nominate his replacement?


Can there be two nominees?  Can anyone apply for the position?  Must the board accept his application? 


If two members (not directors) want to put their names into consideration, must the board accept both of them before voting?




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Check your bylaws for the procedure (if any) for filling "mid-term" vacancies. If there are none, you'll fill the vacancy the way you usually do (e.g. election by the general member).


If the resignee is still a member of the body that will be filling the vacancy he make can nominations and vote. If he's not he can't.


Generally speaking, any member (of the body that is meeting) can nominate anyone. Non-members can't. So a non-member would have to find a member willing to nominate him. Note, too, that members can vote for someone who wasn't nominated.


As always, your rules may vary.

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