Provisional Director San Bernardino
A provisional director in San Bernardino is a neutral, court-appointed individual who temporarily holds all the powers and responsibilities of a corporate director until a board deadlock is resolved or the appointment is terminated by court order or majority vote of the shareholders. Appointed under California Corporations Code §308, provisional directors are often utilized in San Bernardino County courts to restore decision-making ability and ensure business continuity during disputes between shareholders or directors.
Who We Work With
FedReceiver collaborates closely with San Bernardino attorneys managing corporate disputes involving deadlocked board members or shareholders. When business operations are at risk due to a governance crisis, the San Bernardino Superior Court may appoint a provisional director under California Corporations Code §308 to break the deadlock and safeguard the company’s value. Our team is frequently appointed in local disputes where corporate governance has collapsed and judicial intervention is essential to resolving the conflict.
Qualifications of a Provisional Director
Under California law, a provisional director must be impartial and free from conflicts of interest. The individual cannot be a shareholder, creditor, or related to any current director or judge involved in the case. FedReceiver provides qualified professionals who meet all statutory requirements and have been approved by courts across San Bernardino County.
Uses of a Provisional Director
The appointment of a provisional director in San Bernardino is often seen as a less intrusive alternative to full receivership. Rather than taking control of the company, the provisional director functions as a voting member of the board to help resolve internal disputes. The court’s order will define the director’s scope of authority, including their compensation and terms of termination. The provisional director must remain neutral, understand the underlying issues, and cast votes that are well-informed and in the company’s best interest.
Directors & Officers (D&O) Insurance Coverage
Since provisional directors do not have quasi-judicial immunity like court-appointed receivers, it’s crucial for San Bernardino businesses considering a provisional director appointment to confirm the presence of D&O insurance coverage. This insurance ensures that the director will be protected in the event of any claims or litigation arising from their actions during the receivership.
When Is a Provisional Director Needed in San Bernardino?
A successful San Bernardino provisional director conducts thorough independent research, seeks legal counsel when needed, and provides reasoned, supportable votes on disputed issues. They work towards helping the board reach consensus whenever possible. Under California Corporations Code §308(c), the provisional director serves until the deadlock is resolved or the court orders their removal.
ABC's of a Provisional Director San Bernadino
There are a variety of circumstances that are appropriate for the use of a provisional director.
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 San Bernardino
Trusted Court-Appointed Provisional Directors for San Bernardino Corporate Disputes
Our professionals are regularly appointed by the San Bernardino Superior Court 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), enabling us to resolve deadlocks, make critical decisions, and protect the business’s value.
We take pride in our team of experienced professionals based in San Bernardino. Each member brings extensive knowledge of the local court system, business operations, and fiduciary duties, ensuring they are well-equipped to handle complex corporate disputes in the region.
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.
