Georgia Code § 14-3-741 - Standing

A derivative proceeding may be brought either by any director or by any member or members having 5 percent or more of the voting power or by 50 members, whichever is less. A director or members may not commence or maintain a derivative proceeding unless the director or members:

(1) Was a director or were members of the corporation at the time of the act or omission complained of (or became a member through transfer by operation of law from one who was a member at that time); or is a director or are members at the time the proceeding is commenced; and

(2) Fairly and adequately represents the interests of the corporation in enforcing the right of the corporation.

Section: 14-3-740  14-3-741  14-3-742  14-3-743  14-3-744  14-3-745  14-3-746  14-3-747    Next

Last modified: October 14, 2016