{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/13.1-1045.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/13.1-1045.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/13.1-1045.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/13.1-1045.html"}],"law_id":79743,"edition_id":1,"section_id":79743,"structure_id":16635,"section_number":"13.1-1045","catch_line":"Expenses","history":"1991, c. 168.","full_text":"If a derivative action is successful, in whole or in part, or if anything is received by the plaintiff as a result of a judgment, compromise or settlement of an action or claim, except as hereinafter provided, the court may award the plaintiff reasonable expenses, including reasonable attorney’s fees, and shall direct the plaintiff to remit to the limited liability company the remainder of those proceeds received by him or it. On termination of the derivative action, the court may require the plaintiff to pay any defendant’s reasonable expenses, including reasonable attorney’s fees, incurred in defending the action if it finds that the action was commenced without reasonable cause or the plaintiff did not fairly and adequately represent the interests of the members and the limited liability company in enforcing the right of the limited liability company.","order_by":null,"text":{"0":{"id":285747,"text":"If a derivative action is successful, in whole or in part, or if anything is received by the plaintiff as a result of a judgment, compromise or settlement of an action or claim, except as hereinafter provided, the court may award the plaintiff reasonable expenses, including reasonable attorney’s fees, and shall direct the plaintiff to remit to the limited liability company the remainder of those proceeds received by him or it. On termination of the derivative action, the court may require the plaintiff to pay any defendant’s reasonable expenses, including reasonable attorney’s fees, incurred in defending the action if it finds that the action was commenced without reasonable cause or the plaintiff did not fairly and adequately represent the interests of the members and the limited liability company in enforcing the right of the limited liability company.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":16635,"edition_id":1,"name":"Derivative Actions","identifier":"8","label":"article","depth":3,"order_by":1,"parent_id":12817,"metadata":{},"date_created":"2026-06-26 04:29:16","date_modified":"2026-06-26 04:29:16","permalink":{"id":148933,"object_type":"structure","relational_id":16635,"identifier":"8","token":"13.1\/12\/8","url":"\/13.1\/12\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12817,"edition_id":1,"name":"Virginia Limited Liability Company Act","identifier":"12","label":"chapter","depth":2,"order_by":1,"parent_id":12744,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":148351,"object_type":"structure","relational_id":12817,"identifier":"12","token":"13.1\/12","url":"\/13.1\/12\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12744,"edition_id":1,"name":"Corporations","identifier":"13.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":147493,"object_type":"structure","relational_id":12744,"identifier":"13.1","token":"13.1","url":"\/13.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":73455,"structure_id":16635,"section_number":"13.1-1042","catch_line":"Right of action; standing; condition precedent; stay of proceeding","url":"\/13.1-1042\/","token":"13.1\/12\/8\/13.1-1042","metadata":false},{"id":86317,"structure_id":16635,"section_number":"13.1-1043","catch_line":"Proper plaintiff","url":"\/13.1-1043\/","token":"13.1\/12\/8\/13.1-1043","metadata":false},{"id":81193,"structure_id":16635,"section_number":"13.1-1044","catch_line":"Pleading","url":"\/13.1-1044\/","token":"13.1\/12\/8\/13.1-1044","metadata":false},{"id":79743,"structure_id":16635,"section_number":"13.1-1045","catch_line":"Expenses","url":"\/13.1-1045\/","token":"13.1\/12\/8\/13.1-1045","metadata":false}],"previous_section":{"id":81193,"structure_id":16635,"section_number":"13.1-1044","catch_line":"Pleading","url":"\/13.1-1044\/","token":"13.1\/12\/8\/13.1-1044","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/13.1-1045\/","history_text":"

This law was first created in 1991. The record of its establishment is cataloged in chapter 168 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1991 \u201cActs\u201d aren\u2019t available online.<\/p>","references":[{"id":55609,"section_number":"13.1-1099.5","catch_line":"Management","order_by":null,"url":"\/13.1-1099.5\/"}],"refers_to":false,"permalink":{"id":148947,"object_type":"law","relational_id":79743,"identifier":"13.1-1045","token":"13.1\/12\/8\/13.1-1045","url":"\/13.1-1045\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/13.1-1045\/","token":"13.1\/12\/8\/13.1-1045","dublin_core":{"Title":"Expenses","Type":"Text","Format":"text\/html","Identifier":"\u00a7 13.1-1045","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

If a derivative action is successful, in whole or in part, or if anything is received by the plaintiff<\/span> as a result of a judgment<\/span>, compromise or settlement<\/span> of an action or claim, except as hereinafter provided, the court<\/span> may award the plaintiff<\/span> reasonable expenses, including reasonable attorney’s fees, and shall direct the plaintiff<\/span> to remit to the limited liability company<\/span> the remainder of those proceeds received by him or it. On termination of the derivative action, the court<\/span> may require the plaintiff<\/span> to pay any defendant<\/span>’s reasonable expenses, including reasonable attorney’s fees, incurred in defending the action if it finds that the action was commenced without reasonable cause or the plaintiff<\/span> did not fairly and adequately represent the interests<\/span> of the members<\/span> and the limited liability company<\/span> in enforcing the right of the limited liability company<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEXPENSES (\u00a7 13.1-1045)\n\nIf a derivative action is successful, in whole or in part, or if anything is\nreceived by the plaintiff as a result of a judgment, compromise or settlement of\nan action or claim, except as hereinafter provided, the court may award the\nplaintiff reasonable expenses, including reasonable attorney’s fees, and\nshall direct the plaintiff to remit to the limited liability company the\nremainder of those proceeds received by him or it. On termination of the\nderivative action, the court may require the plaintiff to pay any\ndefendant’s reasonable expenses, including reasonable attorney’s\nfees, incurred in defending the action if it finds that the action was commenced\nwithout reasonable cause or the plaintiff did not fairly and adequately\nrepresent the interests of the members and the limited liability company in\nenforcing the right of the limited liability company.\n\nHISTORY: 1991, c. 168.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}