2019 Montana Code Annotated
Title 35. Corporations, Partnerships, and Associations
Chapter 1. Business Corporations
Part 5. Shareholders(Repealed effective June 1, 2020)
35-1-547. Payment of expenses
35-1-547. (Temporary) Payment of expenses. On termination of the derivative proceeding, the court may:
(1) order the corporation to pay the plaintiff'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;
(2) order the plaintiff to pay a 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; or
(3) order a party to pay an opposing party's reasonable expenses, including attorney fees, incurred because of the filing of a pleading, motion, or other paper, if it finds that:
(a) the pleading, motion, or other paper was not well-grounded in fact, after reasonable inquiry; or
(b) the filing was not warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law and was interposed for an improper purpose, such as to harass, to cause unnecessary delay, or to cause a needless increase in the cost of litigation. (Repealed effective June 1, 2020--secs. 269, 274, Ch. 271, L. 2019.)
History: En. Sec. 73, Ch. 368, L. 1991.
