§ 7-16-58. Expenses in derivative action.
(a) If a derivative action is successful, in whole or in part, or if anything is received by the plaintiff as a result of a judgment, compromise or settlement of an action or claim, the court may award the plaintiff reasonable expenses, including legal fees, and shall direct him or her to remit to the limited-liability company the remainder of those proceeds received by him or her.
(b) In any action subsequently instituted on behalf of any limited-liability company by a member or members of the company, the court having jurisdiction, upon final judgment and a finding that the action was brought without reasonable cause, may require the plaintiff or plaintiffs to pay to the parties named as defendants the reasonable expenses, including legal fees, incurred by them in the defense of the action.
History of Section.P.L. 1992, ch. 280, § 1.
Structure Rhode Island General Laws
Title 7 - Corporations, Associations and Partnerships
Chapter 7-16 - The Rhode Island Limited-Liability Company Act
Section 7-16-1. - Short title.
Section 7-16-2. - Definitions.
Section 7-16-3. - Purpose and duration.
Section 7-16-3.1. - Professional services.
Section 7-16-3.2. - Liability in rendering professional services.
Section 7-16-3.3. - Insurance or financial responsibility of limited-liability company.
Section 7-16-5.1. - Conversion of certain entities to a limited-liability company.
Section 7-16-5.2. - Approval of conversion of a limited-liability company.
Section 7-16-5.3, 7-16-5.4. - [Repealed.]
Section 7-16-6. - Articles of organization.
Section 7-16-7. - Execution of articles.
Section 7-16-9. - Name — Fictitious business names.
Section 7-16-10. - Reservation of name — Transfer of reserved name.
Section 7-16-11. - Resident agent.
Section 7-16-12. - Amendment and restatement of articles of organization.
Section 7-16-13. - Certificates of correction.
Section 7-16-14. - Management by members.
Section 7-16-16. - Election and removal of managers.
Section 7-16-17. - Duties of managers.
Section 7-16-18. - Limitation of liability of managers.
Section 7-16-19. - Action by managers.
Section 7-16-20. - Agency power of managers.
Section 7-16-21. - Voting rights of members.
Section 7-16-22. - Records and information.
Section 7-16-23. - Liability of members and managers.
Section 7-16-24. - Contributions to capital.
Section 7-16-25. - Liability for contribution.
Section 7-16-26. - Sharing of profits and losses.
Section 7-16-27. - Sharing of distributions.
Section 7-16-28. - Interim distributions.
Section 7-16-29. - Distributions upon withdrawal.
Section 7-16-30. - Distribution in kind.
Section 7-16-31. - Restrictions on making distributions.
Section 7-16-32. - Liability upon wrongful distribution.
Section 7-16-33. - Right to distribution.
Section 7-16-34. - Nature of membership interest.
Section 7-16-35. - Assignment of membership interest.
Section 7-16-36. - Right of assignee to become a member.
Section 7-16-37. - Rights of judgment creditor.
Section 7-16-38. - Powers of estate of a member.
Section 7-16-39. - Dissolution.
Section 7-16-40. - Judicial dissolution.
Section 7-16-41. - Revocation of certificate of organization or certificate of registration.
Section 7-16-42. - Issuance of certificates of revocation.
Section 7-16-43. - Withdrawal of certificate of revocation.
Section 7-16-44. - Appeal from revocation of certificate of organization.
Section 7-16-45. - Winding up.
Section 7-16-46. - Distribution of assets.
Section 7-16-47. - Articles of dissolution.
Section 7-16-48. - Law governing foreign limited-liability companies.
Section 7-16-49. - Registration of foreign limited-liability company.
Section 7-16-50. - Issuance of registration of foreign limited-liability company.
Section 7-16-50.1. - Service of process on foreign limited-liability company.
Section 7-16-51. - Name registration by foreign limited-liability company.
Section 7-16-52. - Amendments to registration of foreign limited-liability company.
Section 7-16-52.1. - Foreign application for transfer of authority.
Section 7-16-53. - Cancellation of registration of foreign limited-liability company.
Section 7-16-55. - Action to restrain foreign limited-liability company.
Section 7-16-56. - Right of member to bring derivative action.
Section 7-16-57. - Pleading in derivative action.
Section 7-16-58. - Expenses in derivative action.
Section 7-16-59. - Merger or consolidation.
Section 7-16-60. - Plan of merger or consolidation.
Section 7-16-61. - Approval of merger or consolidation.
Section 7-16-62. - Articles of merger or consolidation.
Section 7-16-63. - Effects of merger or consolidation.
Section 7-16-64. - Merger or consolidation with foreign entity.
Section 7-16-65. - Filing, service, and copying fees.
Section 7-16-66. - Annual report of domestic and foreign limited-liability companies.
Section 7-16-67. - Filing of returns with the tax administrator — Annual charge.
Section 7-16-67.1. - Revocation of articles or authority to transact business for nonpayment of fee.
Section 7-16-68. - Limited-liability company property.
Section 7-16-69. - Certificates and certified copies to be received in evidence.
Section 7-16-70. - Parties to actions.
Section 7-16-71. - Unauthorized assumption of powers.
Section 7-16-72. - Severability.
Section 7-16-73. - Construction with other laws.
Section 7-16-74. - Forms to be furnished by secretary of state.