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§ 13.1-672.5 Payment of and security for expenses

On termination of a derivative proceeding, the court may:

1. Order the corporation to pay the plaintiff’s expenses incurred in the proceeding if it finds that the proceeding has resulted in a substantial benefit to the corporation; or

2. Order the plaintiff or the plaintiff’s attorney to pay the corporation’s or any defendant’s expenses incurred in defending the proceeding if it finds that the proceeding was commenced or maintained arbitrarily, vexatiously, or not in good faith.

History

This law was first created in 1992. The record of its establishment is cataloged in chapter 802 of that year’s edition of “Acts of Assembly,” the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1992 “Acts” aren’t available online. It has been modified 2 times. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. Those modifications are as follows: in 1993, chapter 233; in 2019, chapter 734.

1992, c. 802; 1993, c. 233; 2019, c. 734.

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