Payment of Expenses of Proceeding

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On termination of the derivative proceeding the court may:

  1. Order the corporation to pay the plaintiff's reasonable expenses (including attorneys' fees) incurred in the proceeding if it finds that the proceeding has resulted in a substantial benefit to the corporation; or
  2. Order the plaintiff to pay any defendant's reasonable expenses (including attorneys' fees) incurred in defending the proceeding if it finds that the proceeding was commenced or maintained without reasonable cause or for an improper purpose.

(Code 1981, §14-3-746, enacted by Ga. L. 1991, p. 465, § 1.)


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