A beneficial owner may maintain a derivative action to enforce a right of a statutory trust if:
(1) The beneficial owner first makes a demand on the trustees, requesting that the trustees cause the trust to bring an action to redress the injury or enforce the right, and the trustees do not bring the action within a reasonable time; or
(2) A demand would be futile.
(Mar. 5, 2013, D.C. Law 19-210, § 2(l)(7)(G), 59 DCR 13171.)
This section is referenced in § 29-1201.04.
Application of Law 19-210: Section 7 of D.C. Law 19-210 provided that the act shall apply as of January 1, 2012.
Structure District of Columbia Code
Title 29 - Business Organizations. [Enacted title]
Subchapter VI - Beneficial Owners
§ 29–1206.01. Beneficial interest
§ 29–1206.02. Voting or consent by beneficial owners
§ 29–1206.03. Contribution by beneficial owner
§ 29–1206.04. Distribution to beneficial owner
§ 29–1206.05. Redemption of beneficial interest
§ 29–1206.06. Transfer of beneficial interest
§ 29–1206.07. Transaction with beneficial owner
§ 29–1206.08. Beneficial owner’s right to information
§ 29–1206.09. Direct action by beneficial owner
§ 29–1206.10. Derivative action by beneficial owner
§ 29–1206.11. Proper plaintiff
§ 29–1206.13. Proceeds and expenses
§ 29–1206.14. Special litigation committee