the Eagle Has Landed

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The Demand made October 10, 2012


Arizona Law requires prior to suing a corporation under derivative laws you must notice them 90 days before instituting suit. On October 10, 2012 I noticed the board and on the 87th day January 7, 2013 NAPPS board expelled me.

Arizona law for derivative actions:
Article 4 Derivative Suits
10-3630 Definitions
10-3631 Standing
10-3632 Demand
10-3633 Stay of proceedings
10-3634 Dismissal
10-3635 Discontinuance or settlement
10-3636 Payment of expenses
10-3637 Applicability to foreign corporations

 

When reading this you will find that Standing takes 25% or 50 members whichever is less. The demand does not make that requirement. So this demand is ripe for 50 members to join in a derivative action. If NAPPS did not expel me I would have obtained 50 members and it could still be done. Are you ready?

Here is the USPS receipt for the shipment

Tracking history

Acceptance by Clare Scull

Here is the context of the letter/Demand

2012_10_10 letter demand including in Fed ex

In order to beat the 90 day deadline the NAPPS board had to act fast and violate the NAPPS bylaws in two substantive ways as follows:

1. NAPPS bylaws requires special meeting can be held only "held upon call of the President or at the request of three directors" President was conflicted so which three directors called the special meeting

2. NAPPS policy further states "The membership shall be notified of all Special Board of Director meetings by posting a notice of the meeting on the NAPPS homepage and by email blast to the membership at least forty-eight hours if practical prior to the Special Board of Directors meeting. The Agenda for a special board meeting will include only those topics where a timely resolution is in the best interest of NAPPS, and in which the membership is better served by not waiting until the next regular board meeting.

 

 

 

This page was last Updated Monday June 15, 2015 12:47 PM