Legal Question in Business Law in Georgia

The secretary of our Non-Profit has been recording the board and general meetings, she has let everyone know she is recording. She has now quit her position as secretary and refuses to turn over the recordings to the new secretary - because "she paid for the tapes so they belong to her". We are based in Georgia, is there anyway our Non-Profit corporation can require that the tapes be turned over?

Asked on 3/14/13, 6:32 am

1 Answer from Attorneys

Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

The corporate secretary would have a fiduciary obligation to turn over the tapes, or at least the information on the tapes, to the corporation. Failure to do so would be a breach of fiduciary duty, but it almost certainly not worth pursuing legal action, at least not based on the facts provided.

I would recommend that the corporation offer to pay fair value for the tapes and demand that the tapes be given to the corporation. A letter from attorney stating such demand would probably also help if she will not do it voluntarily.

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Answered on 3/14/13, 8:35 am

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