Missouri Revised Statutes













Chapter 355

Nonprofit Corporation Law

←355.206

Section 355.211.1

355.216→

August 28, 2015

Expulsion, suspension, termination of member--procedure.

355.211. 1. No member of a public benefit corporation other than a

church or convention or association of churches or mutual benefit corporation

may be expelled or suspended, and no membership or memberships in such

corporations may be terminated or suspended except pursuant to a procedure

which is fair and reasonable and is carried out in good faith. In no event

shall suspension of a member's right to use amenities, recreational facilities

or such other facilities as that member may be entitled to, be considered to

be a suspension by any such corporation of such member.



2. A procedure is fair and reasonable when either:



(1) The articles or bylaws set forth a procedure which provides:



(a) Not less than fifteen days' prior written notice of the expulsion,

suspension or termination and the reasons therefor; and



(b) An opportunity for the member to be heard, orally or in writing, not

less than five days before the effective date of the expulsion, suspension or

termination by a person or persons authorized to decide that the proposed

expulsion, termination or suspension not take place; or



(2) It is fair and reasonable taking into consideration all of the

relevant facts and circumstances.



3. Any written notice given by mail must be given by first class or

certified mail sent to the last address of the member shown on the

corporation's records.



4. Any proceeding challenging an expulsion, suspension or termination,

including a proceeding in which defective notice is alleged, must be

commenced within one year after the effective date of expulsion, suspension

or termination.



(L. 1994 H.B. 1095, A.L. 1997 H.B. 655 merged with S.B. 170)



Effective 6-24-97 (H.B. 655)



5-20-97 (S.B. 107)







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