Illinois Compiled Statutes 805 ILCS 215 Uniform Limited Partnership Act (2001). Section 1005

    (805 ILCS 215/1005)

    Sec. 1005. Proceeds and expenses.

    (a) Except as otherwise provided in subsection (b):

        (1) any proceeds or other benefits of a derivative

    action, whether by judgment, compromise, or settlement, belong to the limited partnership and not to the derivative plaintiff;

        (2) if the derivative plaintiff receives any

    proceeds, the derivative plaintiff shall immediately remit them to the limited partnership.

    (b) If a derivative action is successful in whole or in part, the court may award the plaintiff reasonable expenses, including reasonable attorney's fees, from the recovery of the limited partnership.

(Source: P.A. 93-967, eff. 1-1-05.)

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Last modified: February 18, 2015