On the termination of a derivative proceeding commenced pursuant to this part 7, where the court finds that the proceeding has resulted in a substantial benefit to the limited liability company, the court may order the limited liability company to pay the plaintiff's reasonable expenses, including attorney fees, incurred by the plaintiff in connection with the maintenance of such proceeding. On the termination of a derivative proceeding commenced pursuant to this part 7, where the court finds that the proceeding was commenced or maintained without reasonable cause or for an improper purpose, the court may order the plaintiff to pay any of the defendant's reasonable expenses, including attorney fees, incurred by the defendant in connection with the defense of such proceeding.
Source: L. 2002: Entire section added, p. 1726, § 160, effective October 1.
Structure Colorado Code
Title 7 - Corporations and Associations
Article 80 - Limited Liability Companies
§ 7-80-701. Admission of Members
§ 7-80-702. Interest in Limited Liability Company - Transferability of Interest
§ 7-80-703. Rights of Creditor Against a Member
§ 7-80-705. Liability of Members and Managers
§ 7-80-713. Derivative Proceeding - Standing - Definitions
§ 7-80-714. Derivative Proceeding - Demand
§ 7-80-715. Stay of Derivative Proceeding
§ 7-80-716. Dismissal of Derivative Proceeding
§ 7-80-717. Discontinuance or Settlement of Derivative Proceeding
§ 7-80-718. Payment of Expenses - Derivative Proceeding
§ 7-80-719. Applicability of Derivative Proceeding to Foreign Limited Liability Companies