2019 Idaho Code
Title 30 - CORPORATIONS
Chapter 25 - LIMITED LIABILITY COMPANIES
Part 8 - ACTIONS BY MEMBERS
Section 30-25-806 - PROCEEDS AND EXPENSES.
30-25-806. PROCEEDS AND EXPENSES. (a) Except as otherwise provided in subsection (b) of this section:
(1) Any proceeds or other benefits of a derivative action, 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.
(b) If a derivative action 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.
(c) A derivative action on behalf of a limited liability company may not be voluntarily dismissed or settled without the court’s approval.
History:
[30-25-806, added 2015, ch. 243, sec. 50, p. 896.]
