TOTC, there is not enough information presented to answer your question. Firstly, you have only presented the Charter of the WTBTS of New York not that of Pennsylvania. I think that the WTBTS New York is applicable to the USA whereas the WTBTS Pennsylvania is the legal entity applying worldwide. The WTBTS has so many legal entities that it is possible that their are other charters/entities that would also need to be considered in order to answer your question.
The other problem is that the Charter you do link to refers to ByLaws and these are not included. These by laws would affect the application of the Charter.
But let's look at the Charter we do have and assume that other Charter's would be similar. A quick google search suggests that the Pennslyvanian Charter does include the same wording as the New York Charter.
In particular this is the statement in the Charter that is applicable
“The purposes of the corporation are religious, educational, and charitable, including to act as the servant and legal entity for the religious body of Christian persons known as Jehovah’s Witnesses;… and do any and all other lawful things that its Board of Directors, in accordance with the spiritual direction of the ecclesiastical Governing Body of Jehovah’s Witnesses, shall deem appropriate in harmony with those purposes.”
What stands out from reading the Charter is that it does not define who or what the Governing Body is. The only identification is that they belong (or are of) the Jehovah's Witnesses. That is why I am wondering if the Bylaws identify or establish who the Governing Body is. If it doesn't then the Government Body is not legally identifiable, it doesn't exist other than to any extent that the Jehovah's Witnesses give them at any given time.
The Charter establishes that it is to "act as the legal entity for the religious body of Christian persons in the United States known as Jehovah's Witnesses" and to support their efforts.
Is it possible that they (the Governing Body) can be removed it they violate the Charter?
No. Nothing in the charter establishes any powers in which the WTBTS can remove any religious person from any position within the JW religion. It only commits itself to acting according to the GB wishes if they are in accordance with the goals as set out in the Charter. If the GB made a request or acted in a way that was not in accordance with the Charter then the WTBTS is not to follow that direction.
The real question is, who gets to decide whether that direction is in accordance with the Charter or not? Under the Charter, that power and responsibility lies with the Directors and the GB would have to sue (or begin court action) the WTBTS if it believed that the WTBTS were not following their direction which was also in accord with the chartered aims of the WTBTS.
What is it that the WTBTS would remove the GB from anyway? The WTBTS charter does not put the GB in the position that they currently have in the first place, neither does it establish what that position is. It only recognizes that there is such a position, that is, that there is a Governing Body of Jehovah's Witnesses.
Note also that the Charter only allows the GB to provide spiritual direction, nothing else. Even with that spiritual direction it must still be in accord with the aims of the Charter and the responsibility to determine that (whether it is a bible truth or not) is not left to the GB but rather the directors. The Charter does not provide any direction to come from the Governing Body relating to physical or material actions. How would this work practically?
Let's say that the WTBTS wanted to sell all the Kingdom Halls that they owned and state that Halls were now be rented. The GB would be powerless to provide any direction in this matter as it would not be spiritual direction.
Another situation may be around the blood issue. The Directors may feel that blood transfusions were acceptable for JWs and that is wasn't promoting bible truths by stating that it wasn't. The GB was still of the opinion that it was unacceptable and instructed the WTBTS not to print the new directive. It would be debateable as to whether this was a spiritual direction or not but if the Directors did not believe it was in harmony with promoting bible truths then they would be forced by their own Charter not to print it as it would not be in accord with it.
The fact is, the GB need the WTBTS to promote it's ideas, the WTBTS (the Directors) are only limited to a very small degree in promotings it's own ideas.
In resigning as Directors of the WTBTS the GB clowns don't realize the power and control that they have given up so all that remains to them is to have faith and trust that the WTBTS will do their bidding.
Legal terms do get beyond me and I might be wrong regarding the following thoughts but there is also more wording in the Charter that should be closely examined, that is the phrase "and do any and all other lawful things"
“The purposes of the corporation are religious, educational, and charitable, including to act as the servant and legal entity for the religious body of Christian persons known as Jehovah’s Witnesses;… and do any and all other lawful things that its Board of Directors, in accordance with the spiritual direction of the ecclesiastical Governing Body of Jehovah’s Witnesses, shall deem appropriate in harmony with those purposes.”
It is only after that phrase that the GB is even mentioned. Therefore it is also limiting on the authority provided to the GB. All the requirements listed prior to this are imposed on the Directors outside of any direction of the GB. This means that the Directors are required to fulfil all the aims mentioned in the Charter regardless of the direction of the GB. The GB just has the power to add to it (in spiritual matters only)
The Governing Body only exists because of two things
- the JWs believe and are willing to comply to their authority
- the degree to which the WTBTS allows