South Dakota Statutes
§ 47-34A-1106 — Proceeds and expenses.
(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
§ 47-1-1
Repealed§ 47-1-3
Repealed§ 47-10-1
Purposes of corporations.§ 47-10-10
Incorporators.§ 47-10-11
Directors--Number and term of office.§ 47-10-13
Accumulation of surplus--Use of surplus.§ 47-10-14
Persons authorized to hold common stock.§ 47-10-18
Nonstockholder members--Duty to lend.§ 47-10-2
Powers of corporations.