Sec. 514.
If a derivative proceeding is terminated, the court may order 1 of the following:
(a) The plaintiff to pay any of the defendants' 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 limited liability company 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 company. The court shall direct the plaintiff to account to the company for any proceeds received by the plaintiff in excess of expenses awarded by the court, except that this provision does not apply to a judgment rendered for the benefit of an injured member only and limited to a recovery of the loss or damage sustained by that member.
History: 1993, Act 23, Eff. June 1, 1993 ;-- Am. 2010, Act 290, Imd. Eff. Dec. 16, 2010
Structure Michigan Compiled Laws
Act 23 of 1993 - Michigan Limited Liability Company Act (450.4101 - 450.5200)
Article 5 - (450.4501...450.4515)
Section 450.4501 - Members; Admission; Liability for Acts, Debts, or Obligations.
Section 450.4502 - Members; Voting Rights.
Section 450.4504 - Membership Interest as Personal Property.
Section 450.4508 - Encumbrance Against Membership Interest; Effect.
Section 450.4509 - Withdrawal of Member; Distribution; Expulsion.
Section 450.4510 - Commencement and Maintenance of Civil Suit by Company; Conditions.
Section 450.4511 - Investigation of Allegations; Stay of Derivative Proceeding.
Section 450.4514 - Termination of Derivative Proceeding; Court Order.