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Section 4A-801 – Right of Action

    (a)    A person described in § 4A–802 of this subtitle may bring a derivative action to enforce a right of a limited liability company to recover a judgment in its favor to the same extent that a stockholder may bring an action for a derivative suit under the corporation law of Maryland.     (b)    An action under this […]

Section 4A-802 – Proper Plaintiff

    The plaintiff in a derivative action shall:         (1)    Be a member at the time the action is brought; and         (2)    (i)    Have been a member at the time of the transaction of which the plaintiff complains; or             (ii)    Had membership status devolve upon the plaintiff by operation of law from a person who was a member at the time […]

Section 4A-803 – Pleading

    In a derivative action, the complaint shall set forth with particularity the attempts, if any, of the plaintiff to secure initiation of the action the plaintiff desires by the limited liability company or the reasons for not making the effort.

Section 4A-804 – Expenses

    If a derivative action is successful, in whole or in part, or if anything is received by the plaintiff as a result of a judgment, compromise, or settlement of an action or claim, the court:         (1)    May award the plaintiff reasonable expenses, including reasonable attorney’s fees; and         (2)    Shall direct the plaintiff to remit to the limited […]