Section 627. Security for expenses in shareholders' derivative action brought in the right of the corporation to procure a judgment in its favor  


Latest version.
  • In  any  action  specified  in  section  626 (Shareholders' derivative
      action brought in the right of the corporation to procure a judgment  in
      its favor), unless the plaintiff or plaintiffs hold five percent or more
      of any class of the outstanding shares or hold voting trust certificates
      or  a beneficial interest in shares representing five percent or more of
      any class of such shares, or the shares, voting trust  certificates  and
      beneficial interest of such plaintiff or plaintiffs have a fair value in
      excess  of  fifty  thousand dollars, the corporation in whose right such
      action is brought shall be entitled at  any  stage  of  the  proceedings
      before  final  judgment  to  require the plaintiff or plaintiffs to give
      security for the reasonable expenses, including attorney's  fees,  which
      may  be  incurred  by it in connection with such action and by the other
      parties defendant in connection therewith for which the corporation  may
      become  liable under this chapter, under any contract or otherwise under
      law, to which the corporation shall have recourse in such amount as  the
      court  having  jurisdiction  of  such  action  shall  determine upon the
      termination of such action. The amount of such security  may  thereafter
      from  time  to  time  be increased or decreased in the discretion of the
      court having jurisdiction of such action upon showing that the  security
      provided has or may become inadequate or excessive.