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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 9 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption