(a) Except as otherwise provided in subsection (b) of this section:
- (1) Any proceeds or other benefits of a derivative action, whether by judgment, compromise, or settlement, belong to the limited partnership and not to the plaintiff; and
- (2) If the plaintiff receives any proceeds, the plaintiff shall remit them immediately to the partnership.
- (b) If a derivative action is successful in whole or in part, the court may award the plaintiff reasonable expenses, including reasonable attorneys’ fees and costs, from the recovery of the limited partnership.
- (c) A derivative action on behalf of a limited partnership may not be voluntarily dismissed or settled without the court’s approval.
History of Section.
P.L. 2022, ch. 121, § 2, effective January 1, 2023; P.L. 2022, ch. 122, § 2, effective January 1, 2023.