Wisconsin Statutes 180.0746 – Payment of expenses
Current as of: 2023 | Check for updates
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On termination of the derivative proceeding, the court may do any of the following:
Terms Used In Wisconsin Statutes 180.0746
- 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.
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Plaintiff: The person who files the complaint in a civil lawsuit.
(1) Notwithstanding s. 814.04 (1), order the domestic corporation or foreign corporation to pay the plaintiff‘s reasonable expenses, including attorney fees, incurred in the derivative proceeding by the shareholder or beneficial owner who commenced or maintained the derivative proceeding if the court finds that the derivative proceeding has resulted in a substantial benefit to the domestic corporation or foreign corporation.
(2) Order the shareholder or beneficial owner who commenced or maintained the derivative proceeding to pay any defendant‘s reasonable expenses, including attorney fees, notwithstanding s. 814.04 (1), incurred in defending the derivative proceeding if it finds that the derivative proceeding was commenced or maintained without reasonable cause or for an improper purpose.