Michigan Compiled Laws
350-1980-3 - Part 3 (550.1301...550.1313)
Section 550.1310 - Fiduciary Duties; Scope and Manner of Discharge; Removal of Director for Breach of Fiduciary Duty; Notice and Hearing.

Sec. 310.
(1) With respect to management of the affairs and property of the health care corporations, and in the selection, supervision, and control of committees of the board, employees of the health care corporation, and officers, each director and officer, and the composite board, shall exercise the duties of a fiduciary toward the health care corporation and the subscribers of the health care corporation as a whole, and shall discharge his or her duties with the degree of diligence, care, and skill which an ordinarily prudent person would exercise under the same or similar circumstances in a like position. In discharging his or her duties, a director or officer, when acting in good faith, may rely upon the opinion of counsel for the corporation, upon the report of an independent appraiser selected with reasonable care by the board, or upon financial statements of the corporation represented to the director or officer to be correct by the president or the officer of the corporation having charge of its books of account, or stated in a written report by an independent public or certified public accountant or firm of such accountants fairly to reflect the financial condition of the corporation.
(2) After notice and a hearing before the board, a director may be removed from the board by a vote of 2/3 of the directors selected and serving on the board for a breach of fiduciary duty.
History: 1980, Act 350, Eff. Apr. 3, 1981 Popular Name: Blue Cross-Blue ShieldPopular Name: Act 350

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 550 - General Insurance Laws

Act 350 of 1980 - The Nonprofit Health Care Corporation Reform Act (550.1101 - 550.1704)

350-1980-3 - Part 3 (550.1301...550.1313)

Section 550.1301 - Board of Directors; Powers and Duties Generally; Appointment, Qualifications, and Terms of Members; Vacancy; Officer or Employee as Voting or Nonvoting Director; Method of Selection; Definitions; Prohibition.

Section 550.1302 - Bylaws Generally.

Section 550.1303 - Meetings; Required Provisions in Bylaws; Notice; Waiver; Participation by Conference Telephone or Similar Communications Equipment; Quorum; Action by Board; Actions Requiring Majority Vote; Record Roll Call Vote; Recording Vote in...

Section 550.1304 - Books, Records, and Minutes; Copy of Minutes; Disclosure, Publication, and Dissemination of Minutes; Compelling Production of Books or Records.

Section 550.1305 - Establishment and Composition of Corporate Body; Service of Members on Committees; Membership on Board of Directors.

Section 550.1306 - Effect of Common Directorship, Officership, or Interest on Validity of Contract or Other Transaction; Burden of Establishing Validity of Contract; Exclusion of Common or Interested Directors in Determination of Quorum; Compensation...

Section 550.1307 - Advisory Councils; Committees of Board of Directors; Bylaws Regarding Membership and Emergency Meetings and Actions.

Section 550.1308 - Committees of Board of Directors; Powers and Authority; Prohibited Activities; Emergency Actions.

Section 550.1309 - Officers and Assistants; Selection; Restriction; Authority and Duties; Removal; Contractual Rights; Bond; Vacancies; Compensation; Pension.

Section 550.1310 - Fiduciary Duties; Scope and Manner of Discharge; Removal of Director for Breach of Fiduciary Duty; Notice and Hearing.

Section 550.1311 - Liability for Misapplication or Misuse of Corporate Money or Property.

Section 550.1312 - Action for Failure to Perform Duties; Commencement.

Section 550.1313 - False Statement as Misdemeanor; Liability for False Statement or Report; Commencement of Action for Civil Liability.