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Legal Definitions - permissible appointee
Definition of permissible appointee
A permissible appointee refers to an individual who meets all the necessary legal, regulatory, or contractual requirements to be validly selected or designated for a particular position, role, or to receive a specific benefit. In essence, they are someone whose appointment is legitimate and allowed because they satisfy all the established criteria and qualifications.
Example 1: Government Board Vacancy
Imagine a state law dictates that any person appointed to the State Environmental Protection Board must possess a minimum of five years of professional experience in environmental science or policy. If the governor appoints a candidate who has eight years of experience as an environmental consultant, that individual would be a permissible appointee because they fulfill the statutory experience requirement. Conversely, if the governor appointed someone with only two years of relevant experience, that appointment would not be permissible.
Example 2: Successor Trustee in a Will
Consider a will that specifies that if the primary executor is unable to serve, the successor executor must be a blood relative of the deceased and at least 25 years old. If the primary executor becomes incapacitated, and the court appoints the deceased's niece, who is 32 years old, she would be a permissible appointee. She satisfies both conditions: being a blood relative and meeting the age requirement. If the court instead appointed a close family friend, regardless of age, that person would not be a permissible appointee under the terms of the will.
Example 3: Corporate Officer Selection
A company's bylaws state that the Chief Financial Officer (CFO) must hold a Certified Public Accountant (CPA) license and have at least ten years of experience in corporate finance. When the board of directors selects a new CFO who is a licensed CPA with fifteen years of experience managing financial operations for large corporations, this individual is a permissible appointee. Their qualifications align perfectly with the company's established requirements for the position, making their appointment valid and legitimate.
Simple Definition
A permissible appointee is an individual who is legally qualified and eligible to be selected or designated for a specific role or position. This means they meet all the necessary legal or regulatory criteria required to hold that appointment.