A derivative proceeding may be brought by any of the following persons:
 1. A member or members of the corporation representing five percent or more of the voting power of the corporation or by fifty members, whichever is less.

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Terms Used In Iowa Code 504.632

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Corporation: means a public benefit, mutual benefit, or religious corporation. See Iowa Code 504.141
  • following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
  • Member: means a person who on more than one occasion, pursuant to the provisions of a corporation's articles or bylaws, has a right to vote for the election of a director or directors of a corporation, irrespective of how a member is defined in the articles or bylaws of the corporation. See Iowa Code 504.141
  • Proceeding: includes a civil suit and criminal, administrative, or investigatory actions. See Iowa Code 504.141
  • Voting power: means the total number of votes entitled to be cast for the election of directors at the time the determination of voting power is made, excluding a vote that is contingent upon the happening of a condition or event that has not occurred at the time. See Iowa Code 504.141
 2. A director of the corporation.