South Dakota Statutes

§ 47-34A-1106 — Proceeds and expenses.

South Dakota·Title 47 CORPORATIONS·Ch. 47-34 UNIFORM LIMITED LIABILITY COMPANY ACT
(a)Except as otherwise provided in subsection (b):
(1)Any proceeds or other benefits of a derivative action under § 47-34A-1102 , whether by judgment, compromise, or settlement, belong to the limited liability company and not to the plaintiff; and (2) If the plaintiff receives any proceeds, the plaintiff shall immediately remit the proceeds to the company.
(b)If a derivative action under § 47-34A-1102 is successful in whole or in part, the court may award the plaintiff reasonable expenses, including reasonable attorney's fees and costs, from the recovery of the limited liability company.

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Related

Black Hills Surgical Physicians, LLC v. Setliff
2014 SD 68 (South Dakota Supreme Court, 2014)

Legislative History

SL 2013, ch 233, § 44.

Nearby Sections

15
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