Sec. 4. (a) A proceeding commenced under this chapter may not be discontinued or settled without the court’s approval. If the court determines that a proposed discontinuance or settlement will substantially affect the interest of the corporation‘s shareholders or a class of shareholders, the court shall direct that notice be given the shareholders affected.

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Terms Used In Indiana Code 28-13-8-4

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • 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.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • 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.
     (b) On termination of the proceeding, the court may require the plaintiff to pay any defendant‘s reasonable expenses, including attorney‘s fees, incurred in defending the proceeding if the court finds that the proceeding was commenced without reasonable cause.

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

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