Montana Sample Letter regarding Motion to Dismiss on Shareholder Derivative Claims
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How to fill out Sample Letter Regarding Motion To Dismiss On Shareholder Derivative Claims?
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FAQ
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.
What is the difference between a stockholder's derivative suit and a class action? A derivative lawsuit is brought by a shareholder of a corporation for the benefit of the corporation. A shareholder's class action lawsuit is brought by a shareholder for the benefit of themselves and the other shareholders.
Derivative claim remedies Damages payable to the company from the director(s) held to be at fault. An injunction to prevent the director(s) at fault against taking any further unlawful action/committing any further breaches. The setting aside of transactions which have personally benefitted the director(s) at fault.
Derivative suits, on the other hand, are claims that belong to the corporation, but are brought by a shareholder on behalf of the corporation because the corporation's management is either unwilling or unable to do so. The shareholders filing the suit do so as a representative or ?friend? of the corporation.
If the committee's suggestion is to support the action, then the board will likely enter the suit and take up the action against the directors who have pursued or are pursuing the illegal or improper course of conduct.
Pursuing a Derivative Action Shareholders must have been owners at the time of alleged improper conduct; Shareholders must prove they will fairly represent the interests of the company; and. Shareholders must formally demand, in writing, the company's board take action on the basis of suspected misconduct.
Remedies commonly sought in derivative actions include corporate governance reforms designed to prevent future fiduciary misconduct, the removal of officers or directors whose misconduct injured the corporation, monetary payments to remedy damages incurred by the company, and repayment of funds obtained illegally.
