(1) Shareholders of a public benefit corporation may maintain a derivative lawsuit to enforce the requirements of section 7-101-506 (1) if the shareholders own, individually or collectively, as of the date of instituting a derivative suit, either:
At least two percent of the corporation's outstanding shares; or
In the case of a corporation with shares listed on a national securities exchange, thelesser of two percent of the corporation's outstanding shares or shares of at least two million dollars in market value.
Source: L. 2013: Entire part added, (HB 13-1138), ch. 230, p. 1103, § 1, effective April 1, 2014.