§ 7-13.1-906. Proceeds and expenses. [Effective January 1, 2023.]
(a) Except as otherwise provided in subsection (b) of this section:
(1) Any proceeds or other benefits of a derivative action, whether by judgment, compromise, or settlement, belong to the limited partnership and not to the plaintiff; and
(2) If the plaintiff receives any proceeds, the plaintiff shall remit them immediately to the partnership.
(b) If a derivative action is successful in whole or in part, the court may award the plaintiff reasonable expenses, including reasonable attorneys’ fees and costs, from the recovery of the limited partnership.
(c) A derivative action on behalf of a limited partnership may not be voluntarily dismissed or settled without the court’s approval.
History of Section.P.L. 2022, ch. 121, § 2, effective January 1, 2023; P.L. 2022, ch. 122, § 2, effective January 1, 2023.
Structure Rhode Island General Laws
Title 7 - Corporations, Associations and Partnerships
Chapter 7-13.1 - Uniform Limited Partnership Act [Effective January 1, 2023.]
Part 9 - Actions by Partners [Effective January 1, 2023.]
Section 7-13.1-901. - Direct action by partner. [Effective January 1, 2023.]
Section 7-13.1-902. - Derivative action. [Effective January 1, 2023.]
Section 7-13.1-903. - Proper plaintiff. [Effective January 1, 2023.]
Section 7-13.1-904. - Pleading. [Effective January 1, 2023.]
Section 7-13.1-905. - Special litigation committee. [Effective January 1, 2023.]
Section 7-13.1-906. - Proceeds and expenses. [Effective January 1, 2023.]