Michigan Compiled Laws
284-1972-4 - Chapter 4 Shareholders (450.1401...450.1497)
Section 450.1492a - Commencement of Derivative Proceeding by Shareholder; Criteria.

Sec. 492a.
A shareholder may not commence or maintain a derivative proceeding unless the shareholder meets all of the following criteria:
(a) The shareholder was a shareholder of the corporation at the time of the act or omission complained of or became a shareholder through transfer by operation of law from one who was a shareholder at that time.
(b) The shareholder fairly and adequately represents the interests of the corporation in enforcing the right of the corporation.
(c) The shareholder continues to be a shareholder until the time of judgment, unless the failure to continue to be a shareholder is the result of corporate action in which the former shareholder did not acquiesce and the derivative proceeding was commenced prior to the termination of the former shareholder's status as a shareholder.
History: Add. 1989, Act 121, Eff. Oct. 1, 1989 ;-- Am. 1993, Act 91, Eff. Oct. 1, 1993

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 450 - Corporations

Act 284 of 1972 - Business Corporation Act (450.1101 - 450.2099)

284-1972-4 - Chapter 4 Shareholders (450.1401...450.1497)

Section 450.1401 - Meetings of Shareholders; Place.

Section 450.1402 - Annual Meeting of Shareholders.

Section 450.1403 - Special Meeting of Shareholders.

Section 450.1404 - Meetings of Shareholders; Notice; Adjournment; Result of Shareholder's Attendance at Meeting.

Section 450.1405 - Participating in Meeting of Shareholders by Conference Telephone or Remote Communications.

Section 450.1406 - Meeting of Shareholders; Duties of Chairperson.

Section 450.1406a - Electronic Transmission as Notice; Consent.

Section 450.1407 - Corporate Action Without Meeting, Notice, or Vote of Shareholders.

Section 450.1411 - Repealed. 1989, Act 121, Eff. Oct. 1, 1989.

Section 450.1412 - Fixing Record Dates for Certain Purposes.

Section 450.1413 - List of Shareholders Entitled to Vote.

Section 450.1415 - Shareholder Meeting; Quorum.

Section 450.1421 - Proxy; Expiration; Means; Use of Reproduction of Writing or Transmission; Revocability; Incompetence or Death of Shareholder.

Section 450.1422 - Irrevocable Proxy.

Section 450.1423 - Revocable Proxy.

Section 450.1431 - Inspectors at Shareholders' Meetings.

Section 450.1432 - Procedure Recognizing Beneficial Owner of Shares as Shareholder.

Section 450.1441 - Voting by Shareholders.

Section 450.1442 - Voting as a Class or Series.

Section 450.1444 - Voting Shares Standing in Name of Another Corporation; Voting Pledged Shares.

Section 450.1445 - Voting Shares Held by Representatives or Fiduciaries.

Section 450.1446 - Voting by Joint Tenants or Tenants in Common.

Section 450.1447 - Repealed. 1989, Act 121, Eff. Oct. 1, 1989.

Section 450.1447a - Voting Shares Owned by Second Corporation.

Section 450.1448 - Voting of Redeemable Shares.

Section 450.1451 - Cumulative Voting.

Section 450.1455 - Articles Control Where Voting Requirements Exceed Those of Act.

Section 450.1461 - Voting Agreements Between Shareholders.

Section 450.1463 - Repealed. 1997, Act 118, Imd. Eff. Oct. 24, 1997.

Section 450.1466 - Voting Trust Agreement; Certificates.

Section 450.1467 - Responsibility of Voting Trustee; Determination of Right to Vote and Manner of Voting.

Section 450.1468 - Extending Duration of Voting Trust Agreement.

Section 450.1471 - Shares as Personal Property; Shares Transferable.

Section 450.1472 - Restriction on Transfer or Registration of Transfer of Bond or Share; Imposition; Enforcement.

Section 450.1473 - Permissible Restrictions on Transfer or Registration of Transfer of Bonds or Shares.

Section 450.1481 - Repealed. 1989, Act 121, Eff. Oct. 1, 1989.

Section 450.1485 - Corporate Books, Records, and Minutes.

Section 450.1487 - Request for Balance Sheet, Statement of Income, and Statement of Source and Application of Funds; Inspection of Records; Court Order; Definition; Holder of Voting Trust Certificate Deemed Shareholder.

Section 450.1488 - Shareholder Agreement.

Section 450.1489 - Action by Shareholder.

Section 450.1491 - Repealed. 1989, Act 121, Eff. Oct. 1, 1989.

Section 450.1491a - Definitions.

Section 450.1492 - Repealed. 1989, Act 121, Eff. Oct. 1, 1989.

Section 450.1492a - Commencement of Derivative Proceeding by Shareholder; Criteria.

Section 450.1493 - Repealed. 1989, Act 121, Eff. Oct. 1, 1989.

Section 450.1493a - Commencement of Derivative Proceeding by Shareholder; Criteria.

Section 450.1494 - Stay of Derivative Proceeding; Condition.

Section 450.1495 - Dismissal of Derivative Proceeding; Determination.

Section 450.1496 - Discontinuance or Settlement of Derivative Proceeding; Judicial Approval; Notice; Expense.

Section 450.1497 - Termination of Derivative Proceeding; Order of Court.