§ 13.1-1233 Payment of and security for expenses
On termination of a derivative proceeding, the court shall:
1. Order the business trust to pay the plaintiff’s reasonable expenses, including counsel fees, incurred in the proceeding if it finds that the proceeding has resulted in a substantial benefit to the business trust; or
2. Order the plaintiff or the plaintiff’s attorney to pay any defendant’s reasonable expenses, including counsel fees, 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 2002. The record of its establishment is cataloged in chapter 621 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.
2002, c. 621.