35-2-1306. Payment of expenses. On termination of the derivative proceeding, the court may order:

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Terms Used In Montana Code 35-2-1306

  • 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 corporation, mutual benefit corporation, or religious corporation. See Montana Code 35-2-114
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Proceeding: includes a civil suit and a criminal, administrative, and investigatory action. See Montana Code 35-2-114

(1)the corporation to pay the complainant’s reasonable expenses, including attorney fees, incurred in the proceeding if it finds that the proceeding has resulted in a substantial benefit to the corporation; or

(2)the complainant to pay any defendant‘s reasonable expenses, including attorney fees, incurred in defending the proceeding if it finds that the proceeding was commenced or maintained without reasonable cause or for an improper purpose.