Utah Statutes
§ 48-3a-806 — Proceeds and expenses.
Utah·Title 48 Unincorporated Business Entity Act·Ch. 48-3a Utah Revised Uniform Limited Liability Company Act·Part 48-3a-8 Action by Members
(1)Except as otherwise provided in Subsection (2):
(1)(a) any proceeds or other benefits of a derivative action, whether by judgment, compromise, or settlement, belong to the limited liability company and not to the plaintiff; and
(1)(b) if the plaintiff receives any proceeds, the plaintiff shall remit them immediately to the limited liability company.
(2)If a derivative action 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.
(3)A derivative action on behalf of a limited liability company may not be voluntarily dismissed or settled without the court's approval.
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Related
Chamberlain v. Golds Gym
2020 UT 20 (Utah Supreme Court, 2020)
Rockwell Transport v. Hooper
2023 UT App 71 (Court of Appeals of Utah, 2023)
Legislative History
Enacted by Chapter 412, 2013 General Session
Nearby Sections
15
§ 48-1c-101
Title.§ 48-1d-1001
Definitions.§ 48-1d-1002
Relationship of part to other laws.§ 48-1d-1003
Required notice or approval.§ 48-1d-1004
Status of filings.§ 48-1d-1005
Nonexclusivity.§ 48-1d-1006
Reference to external facts.§ 48-1d-1007
Alternative means of approval of transactions.§ 48-1d-1008
Appraisal rights.§ 48-1d-101
Title.§ 48-1d-102
Definitions.§ 48-1d-1021
Merger authorized.§ 48-1d-1022
Plan of merger.§ 48-1d-1023
Approval of merger.§ 48-1d-1024
Amendment or abandonment of plan of merger.