Proceeds and expenses

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Except as otherwise provided in subsection (b):

  1. 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
  2. If the plaintiff receives any proceeds, the plaintiff shall remit them immediately to the 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 may not be voluntarily dismissed or settled without the court's approval.


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