2018 US Code
Title 28 - Judiciary and Judicial Procedure
Part IV - Jurisdiction and Venue
Chapter 87 - District Courts; Venue
Sec. 1401 - Stockholder's derivative action

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Citation 28 U.S.C. § 1401 (2018)
Section Name §1401. Stockholder's derivative action
Section Text

Any civil action by a stockholder on behalf of his corporation may be prosecuted in any judicial district where the corporation might have sued the same defendants.

Source Credit

(June 25, 1948, ch. 646, 62 Stat. 936.)

Editorial Notes HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., §112 (part) (Mar. 3, 1911, ch. 231, §51, 36 Stat. 1101; Sept. 19, 1922, ch. 345, 42 Stat. 849; Mar. 4, 1925, ch. 526, §1, 43 Stat. 1264; Apr. 16, 1936, ch. 230, 49 Stat. 1213).

For disposition of other provisions of section 112 of title 28, U.S.C., 1940 ed., see reviser's note under section 1391 of this title.

Words "civil action" were substituted for "suit," in view of Rule 2 of the Federal Rules of Civil Procedure.

Words "other than said corporation," after "same defendants," were omitted as superfluous. Obviously a corporation would not be suing itself.

Changes were made in phraseology.

Publication Title United States Code, 2018 Edition, Title 28 - JUDICIARY AND JUDICIAL PROCEDURE
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART IV - JURISDICTION AND VENUE
CHAPTER 87 - DISTRICT COURTS; VENUE
Sec. 1401 - Stockholder's derivative action
Contains section 1401
Date 2018
Laws In Effect As Of Date January 14, 2019
Positive Law Yes
Disposition standard
Statutes at Large References 36 Stat. 1101
42 Stat. 849
43 Stat. 1264
49 Stat. 1213
62 Stat. 936
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