Directors Appointment And Removal In Illinois
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General amendments to inium instruments are governed by Section 27 of the Illinois inium Property Act, which states that an affirmative vote of 2/3 of voting unit owners must approve amendments, unless the inium instruments provide for some other majority vote somewhere between 50% and 75%.
Specifically, Section 18.4 of the Illinois inium Property Act states that a inium board must "exercise the care required of a fiduciary of the unit owners." This duty is also set out in the Illinois General Not for Profit Corporation Act.
4.1. Construction, interpretation, and validity of inium Instruments. (a) Except to the extent otherwise provided by the declaration or other inium instruments: (1) The terms defined in Section 2 of this Act shall be deemed to have the meaning specified therein unless the context otherwise requires.
Applicants must update their officer/ownership information with the Illinois Department of Revenue by calling the Central Registration Division in Springfield at 217 785-3707.
Pursuant to Section 18(a)(8) of the Act, separate assessments for expenditures relating to emergencies or mandated by law may be adopted by the board of managers without being subject to unit owner approval.
If the board deems that a special assessment is necessary, per Section 18(a)(8) of the Illinois inium Property Act (ICPA), it may adopt a special assessment without unit owner approval provided that it does not exceed 115% of the sum of all regular or special assessments from the preceding year.
Thus, the proper formulation the Survival Statute is that it protects suits seeking: (1) any remedy available to such corporation for any right or claim existing prior to such dissolution and (2) any remedy available against such corporation for any liability incurred prior to such dissolution.
Corporate bylaws are legally required in Illinois. Illinois statute §805 ILCS 5/2.20 requires that bylaws be adopted either by shareholders at the first shareholder meeting or by directors at the initial director meeting.
(g) A director may resign at any time by written notice delivered to the board of directors, its chairman, or to the president or secretary of the corporation. A resignation is effective when the notice is delivered unless the notice specifies a future date.
