55-7-41. 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. (1995, c. 149, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 55 - North Carolina Business Corporation Act
§ 55-7-03 - Court-ordered meeting.
§ 55-7-04 - Action without meeting.
§ 55-7-05 - Notice of meeting.
§ 55-7-09 - Remote participation in meetings; meetings held solely by remote participation.
§ 55-7-20 - Shareholders' list for meeting.
§ 55-7-21 - Voting entitlement of shares.
§ 55-7-21.1 - Rights of holders of debt securities.
§ 55-7-23 - Shares held by nominees.
§ 55-7-24 - Corporation's acceptance of votes.
§ 55-7-25 - Quorum and voting requirements for voting groups.
§ 55-7-26 - Action by single and multiple voting groups.
§ 55-7-27 - Greater quorum or voting requirements.
§ 55-7-28 - Voting for directors; cumulative voting.
§ 55-7-31 - Shareholders' agreements.
§ 55-7-40 - Shareholders' derivative actions.
§ 55-7-43 - Stay of proceedings.
§ 55-7-45 - Discontinuance or settlement.
§ 55-7-46 - Payment of expenses.
§ 55-7-47 - Applicability to foreign corporations.
§ 55-7-48 - Suits against directors of public corporations.