Preview of Article:
Club May Terminate Members
For Failing to Meet Bylaw Requirements
Directors have fiduciary duty to corporation
and membership generally, not to individuals
A private fishing club organized as a nonprofit corporation in Kentucky has the authority to remove members who fail to meet the bylaw requirements for membership, the Court of Appeals of Kentucky has held. The members have no claim for breach of fiduciary duty against the directors who made the decision because the directors owe their fiduciary duty to the corporation and membership has a whole, not to individual members. (Fenley v. Kamp Kaintuck, No. 2010-CA-001926, 11/10/11.)
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