TITLE 30

CORPORATIONS

CHAPTER 25

LIMITED LIABILITY COMPANIES

PART 8

ACTIONS BY MEMBERS

30-25-806.  PROCEEDS AND EXPENSES. (a) Except as otherwise provided in subsection (b) of this section:

(1)  Any proceeds or other benefits of a derivative action, whether by judgment, compromise, or settlement, belong to the limited liability company and not to the plaintiff; and

(2)  If the plaintiff receives any proceeds, the plaintiff shall remit them immediately to the company.

(b)  If a derivative action is successful in whole or in part, the court may award the plaintiff reasonable expenses, including reasonable attorney’s fees and costs, from the recovery of the limited liability company.

(c)  A derivative action on behalf of a limited liability company may not be voluntarily dismissed or settled without the court’s approval.

History:

[30-25-806, added 2015, ch. 243, sec. 50, p. 896.]