Idaho Code 30-30-411 – Derivative Suits
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(1) A proceeding may be brought in the right of a domestic or foreign nonprofit corporation to procure a judgment in its favor by:
(a) Any member or members having five percent (5%) or more of the voting power or by fifty (50) members, whichever is less; or
(b) Any director.
(2) In any such proceeding, each complainant shall be a member or director at the time of bringing the proceeding.
Terms Used In Idaho Code 30-30-411
- 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.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(3) A complaint in a proceeding brought in the right of a corporation must be verified and alleged with particularity to the demand made, if any, to obtain action by the directors and either why the complainants could not obtain the action or why they did not make the demand. If a demand for action was made and the corporation’s investigation of the demand is in progress when the proceeding is filed, the court may stay the suit until the investigation is completed.
(4) On termination of the proceeding, the court may require the complainants to pay any defendant‘s reasonable expenses, including attorney’s fees, incurred in defending the suit if it finds that the proceeding was commenced frivolously or in bad faith.
(5) If the proceeding on behalf of the corporation results in the corporation taking some action requested by the complainants or otherwise was successful, in whole or in part, or if anything was received by the complainants as the result of a judgment, compromise or settlement of an action or claim, the court may award the complainants reasonable expenses, including attorney’s fees.