Title 46, Chapter 3, Section 304
( 46-3-304)
(a) An action may be brought by any of the persons named in
subsection (b) of this Code section against one or more directors or
officers of an electric membership corporation to procure for the
benefit of the electric membership corporation a judgment for the
following relief: (1) To compel the defendant to account for his official conduct,
or any other relief called for by his official conduct, in the
following cases: (A) The neglect of, failure to perform, or other violation of
his duties to the electric membership corporation, or violations
of his duties in regard to disposition of corporate assets
committed to his charge; (B) The acquisition by him, transfer to others, loss, or waste
of corporate assets due to any neglect of, failure to perform,
or other violation of his duties; or (C) The appropriation, in violation of his duties, of any
business opportunity of the electric membership corporation; (2) To enjoin a proposed unlawful conveyance, assignment, or
transfer of corporate assets or other unlawful corporate
transaction, where there is sufficient evidence that it will be
made; (3) To set aside an unlawful conveyance, assignment, or transfer
of corporate assets, where the transferee knew of its unlawfulness
and is made a party to the action. (b) An action may be brought for the relief provided in this Code section by the electric membership corporation, or a receiver, trustee in bankruptcy, officer, director, or judgment creditor thereof, or by a member in accordance with Code Section 46-3-272, relating to derivative actions. (c) No action shall be brought for the relief provided in this Code
section more than four years from the time the cause of action
accrued. (d) This Code section shall not limit any liability otherwise
imposed by law upon any director or officer or any third party. |