35-14-741. Standing. A shareholder may not commence or maintain a derivative proceeding unless the shareholder:
(1) 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; and
(2) fairly and adequately represents the interests of the corporation in enforcing the right of the corporation.
History: En. Sec. 84, Ch. 271, L. 2019.
Structure Montana Code Annotated
Title 35. Corporations, Partnerships, and Associations
Chapter 14. Montana Business Corporation Act
35-14-703. Court-ordered meeting
35-14-704. Action without meeting
35-14-707. Record date for meeting
35-14-709. Remote participation -- shareholder's meetings
35-14-710. through 35-14-719 reserved
35-14-720. Shareholders' list for meeting
35-14-721. Voting entitlements of shares
35-14-723. Shares held by intermediaries and nominees
35-14-724. Acceptance of votes -- other instruments
35-14-725. Quorum and voting requirements -- voting groups
35-14-726. Action by single and multiple voting groups
35-14-727. Modifying quorum or voting requirements
35-14-728. Voting for directors -- cumulative voting
35-14-729. Inspectors of election
35-14-732. Shareholder agreements
35-14-733. through 35-14-739 reserved
35-14-740. Definitions -- derivative proceedings
35-14-743. Stay of proceedings
35-14-745. Discontinuance -- settlement
35-14-746. Payment of expenses
35-14-747. Applicability to foreign corporations
35-14-748. Shareholder action to appoint custodian or receiver
35-14-749. Judicial determination -- corporate offices -- review of elections and shareholder votes