North Dakota Code 45-10.2-93 – (1005) Proceeds and expenses
Current as of: 2023 | Check for updates
|
Other versions
1. Except as otherwise provided in subsection 2:
Terms Used In North Dakota Code 45-10.2-93
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Partnership: includes a limited liability partnership registered under chapter 45-22. See North Dakota Code 1-01-49
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
a. Any proceeds or other benefits of a derivative action, whether by judgment, compromise, or settlement, belong to the limited partnership and not to the derivative plaintiff; and
b. If the derivative plaintiff receives any proceeds, then the derivative plaintiff shall immediately remit them to the limited partnership.
2. If a derivative action is successful in whole or in part, then the court may award the plaintiff reasonable expenses, including reasonable fees for services of an attorney, from the recovery of the limited partnership.