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Searching 2023-2024 Session

The Vermont Statutes Online

NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.

NOTE: The online version of the Vermont Statutes does NOT yet include the actions of the 2023 legislative session. The 2023 updates should be available by the end of October.

Title 11C : Mututal Benefit Enterprises

Chapter 013 : ACTION BY MEMBER

(Cite as: 11C V.S.A. § 1301)
  • § 1301. Derivative action

    A member may maintain a derivative action to enforce a right of a mutual benefit enterprise if:

    (1) the member demands that the enterprise bring an action to enforce the right; and

    (2) any of the following occur:

    (A) the enterprise does not, within 90 days after the member makes the demand, agree to bring the action;

    (B) the enterprise notifies the member that it has rejected the demand;

    (C) irreparable harm to the enterprise would result by waiting 90 days after the member makes the demand; or

    (D) the enterprise agrees to bring an action demanded and fails to bring the action within a reasonable time. (Added 2011, No. 84 (Adj. Sess.), § 1, eff. April 20, 2012.)