Sec. 3. (a) A complaint in a proceeding brought in the right of a corporation must be verified and must allege with particularity:

(1) the demand made, if any, to obtain action by the board of directors; and

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Terms Used In Indiana Code 28-13-8-3

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
(2) either that the demand was refused or ignored, or why the shareholder did not make the demand.

     (b) Whether or not a demand for action was made, if the corporation commences an investigation of the charges made in the demand or complaint, including an investigation commenced under section 5 of this chapter, the court may stay any proceeding until the investigation is completed.

As added by P.L.14-1992, SEC.163.