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Action Brought in Right of Corporation; Awarding Plaintiff or Claimant Reasonable Expenses; Accounting; Applicability of Section; Requiring Plaintiff to Pay Expenses Where Action Brought Without Reasonable Cause - Mich. Comp. Laws Section 450.2493

Legal Research Home > Michigan Laws > Corporations > Action Brought in Right of Corporation; Awarding Plaintiff or Claimant Reasonable Expenses; Accounting; Applicability of Section; Requiring Plaintiff to Pay Expenses Where Action Brought Without Reasonable Cause - Mich. Comp. Laws Section 450.2493

Sec. 493.

(1) If an action brought in the right of the corporation is successful, in whole or in part, or if anything is received by the plaintiff or a claimant as a result of a judgment, compromise, or settlement of an action or claim, the court may award the plaintiff or claimant reasonable expenses, including reasonable attorney's fees, and shall direct the plaintiff to account to the corporation for the remainder of the proceeds received. This section does not apply to a judgment rendered for the benefit of an injured shareholder or member only and limited to a recovery of the loss or damage sustained by the injured shareholder or member.

(2) In an action brought in the right of the corporation by a record holder or beneficial owner of shares of the corporation or a member, the court having jurisdiction, upon final judgment and finding that the action was brought without reasonable cause, may require the plaintiff to pay to the parties named as defendants the reasonable expenses, including fees of attorneys, incurred by them in the defense of the action.

History: 1982, Act 162, Eff. Jan. 1, 1983

Last modified: March 17, 2013