- Except as otherwise provided in subsection (b):
- Any proceeds or other benefits of a derivative action, whether by judgment, compromise, or settlement, belong to the limited partnership and not to the plaintiff; and
- If the plaintiff receives any proceeds, the plaintiff must remit the proceeds immediately to the limited partnership.
- If a derivative action is successful in whole or in part, the court may award the plaintiff reasonable expenses, including reasonable attorney’s fees and costs, from the recovery of the limited partnership.
- A derivative action on behalf of a limited partnership must not be voluntarily dismissed or settled without the court’s approval.