Michigan Compiled Laws
Article 5 - (450.4501...450.4515)
Section 450.4514 - Termination of Derivative Proceeding; Court Order.

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

Michigan Compiled Laws

Chapter 450 - Corporations

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 450.4503 - Members; Obtaining Certain Financial Statements and Tax Returns; Inspecting and Copying Records; Obtaining Other Information; Formal Accounting of Company's Affairs.

Section 450.4504 - Membership Interest as Personal Property.

Section 450.4505 - Membership Interest; Assignment; Liability of Assignee; Assignor as Member; Liability of Assignor Not Released.

Section 450.4506 - Assignee of Membership Interest; Conditions for Membership; Rights and Powers; Liability for Obligations of Assignor.

Section 450.4507 - Charging Membership Interest With Payment of Judgment; Rights of Judgment Creditor; Rights and Powers of Member; Charging Order as Lien on Membership Interest; Section as Exclusive Remedy.

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 450.4512 - Dismissal of Derivative Proceeding; Findings; Burden of Proof; Determination; “Disinterested” Defined.

Section 450.4513 - Discontinued or Settled Derivative Proceeding; Court Approval Required; Notice; Expense.

Section 450.4514 - Termination of Derivative Proceeding; Court Order.

Section 450.4515 - Action in Circuit Court; Grounds; Order or Grant of Relief; “Willfully Unfair and Oppressive Conduct” Defined.