Michigan Compiled Laws § 449.2004 Discontinuance, Compromise, Or Settlement Of Derivative Action; Court Approval; Notice; Costs.


449.2004 Discontinuance, compromise, or settlement of derivative action; court approval; notice; costs.

Sec. 1004.

An action authorized by section 1001 shall not be discontinued, compromised, or settled without approval by the court having jurisdiction of the action. If the court determines that the interest of the limited partners or of any class thereof will be substantially affected by the discontinuance, compromise, or settlement, the court may direct that notice, by publication or otherwise, be given to the limited partners or any class thereof whose interests it determines will be so affected. If notice is so directed to be given, the court may determine which 1 or more of the parties to the action shall bear the expense of giving the notice, in such amount as the court determines and finds to be reasonable in the circumstances. The amount of such expense shall be awarded as special costs of the action and recoverable in the same manner as statutory taxable costs.


History: 1982, Act 213, Eff. Jan. 1, 1983


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Last modified: October 10, 2016