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Only shareholders of a corporation can bring a derivative suit. Some states allow a person to bring a derivative suit as long as he or she held the company's stock at the time of the incident that gave rise to the suit.
A court case used to enforce an action of the firm against any third party that is started by one or more than one shareholders.
Derivative suits permit a shareholder to bring an action in the name of the corporation against parties allegedly causing harm to the corporation. If the directors, officers, or employees of the corporation are not willing to file an action, a shareholder may first petition them to proceed.
Definition. A shareholder derivative suit is a lawsuit brought by a shareholder on behalf of a corporation. Generally, a shareholder can only sue on behalf of a corporation when the corporation has a valid cause of action, but has refused to use it.
The Derivative Action Process in California.A shareholder has the right to seek to bring a derivative action on behalf of the corporation against officers or directors who are violating either of these duties.
A shareholder derivative lawsuit is a legal action filed by an individual shareholder, in the name of the company, to redress wrongs or harms to the company that the Board of Directors or Officers will not address themselves.