Title 7, Chapter 1, Section 440
( 7-1-440)
A derivative action may be brought by a shareholder in the right of
the bank or trust company to procure a judgment in its favor against
directors, officers, or other representatives of the bank or trust
company, or shareholders, or third parties, or any combination
thereof, whenever the bank or trust company has a claim or cause of
action which the representatives of the bank or trust company, in
violation of their duties, have failed to enforce, including a claim
or cause of action against such representatives for their failure in
this respect. |