                                 CODE OF VIRGINIA

PAYMENT OF AND SECURITY FOR EXPENSES (§ 13.1-1233)

On termination of a derivative proceeding, the court shall:

1. Order the business trust to pay the plaintiff&#8217;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&#8217;s attorney to pay any
defendant&#8217;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: 2002, c. 621.