2025 Session
Last amended: 2014 session
§ 322C.0906 — Proceeds and Expenses
Plain-Language Summary
A derivative action may also be brought by a person who was a member at the time of the conduct complained of.
322C.0906 PROCEEDS AND EXPENSES.
§
Subdivision 1.Ownership of proceeds.
Except as otherwise provided in subdivision 2:
(1) any proceeds or other benefits of a derivative action under section 322C.0902, 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. §
Subd. 2.Expenses awarded.
If a derivative action under section 322C.0902 is successful in whole or in part, the court may award the plaintiff reasonable expenses, including reasonable attorney fees and costs, from the recovery of the limited liability company.
History:
History: History:
2014 c 157 art 1 s 69
Practical Notes
You can file a derivative lawsuit even if the wrongful conduct happened before you became a member, as long as you were a member when it occurred.