Provisional Director Orange County
A provisional director in Orange County is a neutral, court-appointed individual who holds all the rights and powers of a corporate director until a board deadlock is resolved or the appointment is terminated by court order or shareholder vote. Appointed under the California Corporations Code §308, provisional directors are commonly used in Orange County courts to restore decision-making capacity, protect business continuity, and safeguard shareholder value during governance disputes.
Who We Work With
FedReceiver, Inc. works closely with Orange County attorneys handling corporate and shareholder disputes where directors are deadlocked. When business operations are at risk, the Orange County Superior Court may appoint a provisional director in Orange County under §308 to break the stalemate and preserve company assets. Our team is frequently appointed in local disputes where governance has collapsed and judicial intervention is necessary.
Qualifications of a Provisional Director
By law, a provisional director must be an impartial person. This individual cannot: (1) Be a shareholder of the corporation; (2) Be a creditor of the corporation; (3) Be related within the third degree to any current director or to the judge overseeing the case
FedReceiver provides qualified professionals who meet these statutory requirements and have been approved by courts throughout California.
Uses of a Provisional Director
Appointing a provisional director in Orange County is often considered a less invasive alternative to a court-appointed receiver. Instead of assuming control of the company, the provisional director joins the board as a voting member to resolve internal disputes. The court order defines the scope of authority, compensation, and terms of termination. The director remains impartial, understands the issues at hand, and casts informed votes in the company’s best interest.
Directors & Officers Insurance (D&O Coverage)
Because provisional directors do not enjoy quasi-judicial immunity like receivers, it is critical to ensure that Directors & Officers (D&O) insurance is in place. Businesses considering a provisional director appointment should confirm that the director is covered in the event of claims or litigation.
What Makes a Provisional Director Successful
A successful Orange County provisional director conducts independent research, consults with counsel when necessary, and provides a reasoned, supportable vote on disputed issues. In addition to resolving specific stalemates, they help the board reach broader consensus where possible. Under California Corporations Code §308(c), the provisional director serves until the deadlock is broken or the court orders removal.
When Is a Provisional Director Needed in Orange County?
A provisional director may be appointed when corporations or nonprofits face governance deadlock, including voting stalemates, board disputes, or failed elections. In such cases, the Orange County Superior Court may assign a neutral director to restore effective decision-making and protect the organization’s interests.
Clients Who Trusted Us
Locations Served
We provide provisional director services in California.
Los Angeles, Riverside, San Francisco, San Bernardino, Sacramento, Ventura, San Diego, Orange County, and the California District Court
How we work together
Our experience, expertise, training and resources are utilized to effectuate a successful provisional directorship.
Reach out
Reach out to us via our contact page.
Set an Appointment
An initial call will allow for an initial assessment of the proposed case.
Sample Pleadings & Orders
FedReceiver has a vast library of exemplars including motions seeking appointment of provisional director, orders appointing provisional director and memorandum of points & authorities.
References
We offer excellent references with local and national law firms, accounting firms and clients.
Court Experience
Given our decades of experience and hundreds of cases, we have appeared in state/federal court and have excellent relationships with numerous courts/judges.
Review the chapter authored by Mr. Donell
Reviving the Financially Distressed Business
Reviving The Financially Distressed Business is the essential guide for business owners and corporate leaders whose companies are under—or anticipating—financial difficulties. See Chapter 11, Receiverships, written by Court Receiver Stephen Donell, CCIM, CPM
Steve Donell’s contribution to the book “Reviving a Financially Distressed Business” reflects not only his expertise as a receiver, but his sound judgment on how receivership can be used to effectively advance a financially troubled business.”
– Brian Davidoff, Esq. Author and Editor
About Our Provisional Directors Serving Orange County
As a family-run firm led by James Donell, FedReceiver, Inc. brings decades of experience, industry leadership, and fiduciary expertise to every provisional director appointment in Orange County.
Our professionals are regularly appointed by Orange County courts to serve as provisional directors or managers in corporate and LLC disputes. These appointments grant us full board-level authority under California Corporations Code §308 or Cal. Code Civ. Proc. §564(b)(9) to resolve deadlocks, make critical decisions, and preserve business value.
President of FedReceiver, Inc., Jalmar Properties, Inc. and Donell Expert Services, Inc.
Todd D. Donell Los Angeles
Executive Vice President of FedReceiver, Inc. and Jalmar Properties, Inc.
James H. Donell Los Angeles
Founder and CEO of FedReceiver, Inc. and Jalmar Properties, Inc.
Sarah R. Bates Los Angeles
Vice President of FedReceiver, Inc. and Jalmar Properties, Inc.
