Sec. 497.
If a derivative proceeding is terminated, the court may order 1 of the following:
(a) The plaintiff to pay any of the defendant's reasonable expenses, including reasonable attorney fees, incurred in defending the proceeding if it finds that the proceeding was commenced or maintained in bad faith or without reasonable cause.
(b) The corporation to pay the plaintiff's reasonable expenses, including reasonable attorney fees, incurred in the proceeding if it finds that the proceeding has resulted in a substantial benefit to the corporation. The court shall direct the plaintiff to account to the corporation for any proceeds received by the plaintiff in excess of expenses awarded by the court, unless the judgment is rendered for the benefit of an injured shareholder or member only and limited to a recovery of the loss or damage sustained by the shareholder or member.
History: Add. 2014, Act 557, Imd. Eff. Jan. 15, 2015
Structure Michigan Compiled Laws
Act 162 of 1982 - Nonprofit Corporation Act (450.2101 - 450.3192)
162-1982-4 - Chapter 4 (450.2401...450.2497)
Section 450.2401 - Meetings of Shareholders or Members; Location.
Section 450.2403 - Special Meeting of Shareholders or Members; Court Order; Quorum.
Section 450.2406a - Notice by Electronic Transmission.
Section 450.2411 - Repealed. 2014, Act 557, Imd. Eff. Jan. 15, 2015.
Section 450.2412 - Record Date.
Section 450.2422 - Irrevocable Proxy.
Section 450.2423 - Revocability of Proxy.
Section 450.2441 - Voting Generally.
Section 450.2442 - Voting as Class.
Section 450.2444 - Voting by Corporation or Business Corporation; Voting of Pledged Shares.
Section 450.2446 - Voting of Shares or Membership Held by Joint Tenants or Tenants in Common.
Section 450.2447 - Repealed. 2014, Act 557, Imd. Eff. Jan. 15, 2015.
Section 450.2448 - Redemption of Shares; Voting.
Section 450.2451 - Voting for Directors.
Section 450.2461 - Agreement as to Voting Rights.
Section 450.2468 - Extension of Voting Trust Agreement.
Section 450.2471 - Shares as Personal Property; Transfer; Applicability of MCL 440.8101 to 440.8601.
Section 450.2472 - Transfer or Registration of Bond, Share, or Membership; Written Restriction.
Section 450.2481 - Repealed. 2014, Act 557, Imd. Eff. Jan. 15, 2015.
Section 450.2485 - Books, Records, and Minutes.
Section 450.2488 - Agreement Among Members of Corporation.
Section 450.2491 - Repealed. 2014, Act 557, Imd. Eff. Jan. 15, 2015.
Section 450.2491a - Definitions.
Section 450.2492 - Repealed. 2014, Act 557, Imd. Eff. Jan. 15, 2015.
Section 450.2492a - Derivate Proceeding; Criteria to Be Met by Shareholder or Member.
Section 450.2493 - Repealed. 2014, Act 557, Imd. Eff. Jan. 15, 2015.
Section 450.2493a - Derivative Proceeding; Commencement.
Section 450.2494 - Derivative Proceeding; Investigation; Issuance of Stay.
Section 450.2495 - Derivative Proceeding; Dismissal.
Section 450.2496 - Derivative Proceeding; Discontinuance or Settlement; Court Approval Required.