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Derivative Suits It is an effective method of taking action when a shareholder believes management should or shouldn't have done something. It can also be used to expose fraud and other breaches of fiduciary duty that occur within the corporation.
Still, derivative action involves a wrong against the corporation and not individual shareholders; therefore, damages do not go to the shareholders personally but to the corporation itself. However, shareholders often bring derivative suits because they stand to indirectly gain from winning a derivative suit.
A shareholder (stockholder) derivative suit is a lawsuit brought by a shareholder or group of shareholders on behalf of the corporation against the corporation's directors, officers, or other third parties who breach their duties. The claim of the suit is not personal but belongs to the corporation.
Derivative actions allow minority shareholders to enforce a company's rights when the management, majority shareholders and/or directors, are in breach of their duties.
(a) Any person guilty of embezzlement of any goods, rights of action, money, or other valuable security, effects or property of any kind or description with a value of less than One Thousand Dollars ($1,000.00), shall be guilty of misdemeanor embezzlement, and, upon conviction thereof, may be sentenced to a term of ...
A shareholder derivative suit is a lawsuit brought by a shareholder on behalf of a corporation against a third party. This third party could be an employee of the corporation, including an executive officer or director.