Section 6003. Special meeting for election of directors  


Latest version.
  • 1. If, for a period
      of  one  month after the date fixed by or under section six thousand two
      or the by-laws for the annual meeting of stockholders, or if no date has
      been so fixed, for a period of thirteen months after  the  formation  of
      the  corporation or the last annual meeting, there is a failure to elect
      a sufficient  number  of  directors  to  conduct  the  business  of  the
      corporation,  the board shall call a special meeting for the election of
      directors. If such special meeting is not called by the board within two
      weeks after the expiration of such period or if  it  is  so  called  but
      there  is  a  failure to elect such directors for a period of two months
      after the expiration of such period,  holders  of  ten  percent  of  the
      shares  entitled  to  vote  in an election of directors may, in writing,
      demand the call of a special  meeting  for  the  election  of  directors
      specifying  the date and month thereof, which shall not be less than two
      nor more than three months from the date of such call.  The secretary of
      the corporation upon receiving the written demand  shall  promptly  give
      notice  of  such  meeting,  or if he fails to do so within five business
      days thereafter, any stockholder  signing  such  demand  may  give  such
      notice.  The meeting shall be held at the place fixed in the by-laws or,
      if not so fixed, at the office of the corporation.
        2. At any such special  meeting  called  on  demand  of  stockholders,
      notwithstanding  section six thousand eight, the stockholders attending,
      in person or by proxy, and entitled to vote in an election of  directors
      shall constitute a quorum for the purpose of electing directors, but not
      for the transaction of any other business.