South Dakota Codified Laws 47-34A-1106. Proceeds and expenses
Current as of: 2023 | Check for updates
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(a) Except as otherwise provided in subsection (b):
(1) Any proceeds or other benefits of a derivative action under § 47-34A-1102, whether by judgment, compromise, or settlement, belong to the limited liability company and not to the plaintiff; and
Terms Used In South Dakota Codified Laws 47-34A-1106
- 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.
(2) If the plaintiff receives any proceeds, the plaintiff shall immediately remit the proceeds to the company.
(b) If a derivative action under § 47-34A-1102 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.
Source: SL 2013, ch 233, § 44.