Indiana § 28-13-8-4 Discontinuance or settlement of case; approval; notice; payment of
defense expenses and fees

Indiana Statutes

§ 28-13-8-4 — Discontinuance or settlement of case; approval; notice; payment of defense expenses and fees

Indiana § 28-13-8-4

Art. 13CORPORATE GOVERNANCE

Ch. 8Derivative Proceedings

This text of Indiana § 28-13-8-4 (Discontinuance or settlement of case; approval; notice; payment of defense expenses and fees) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 28-13-8-4 (2026).

Text

(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.

(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.

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(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.
(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.