28 U.S.C. · Judiciary and Judicial Procedure
28 U.S.C. § 1401

Stockholder's derivative action

Ch. 87 — District Court — Civil Jurisdiction
Title 28 U.S.C. ● ACTIVE Primary Source Ch. 87
Statutory Text

28 U.S.C. § 1401 — Stockholder's derivative action

U.S.C. Title 28 - JUDICIARY AND JUDICIAL PROCEDURE 28 U.S.C. United States Code, 2023 Edition Title 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 87 - DISTRICT COURTS; VENUE Sec. 1401 - Stockholder's derivative action From the U.S. Government Publishing Office, www.gpo.gov

§1401. Stockholder's derivative action

Any civil action by a stockholder on behalf of his corporation may be prosecuted in any judicial district where the corporation might have sued the same defendants.

(June 25, 1948, ch. 646, 62 Stat. 936.)

Historical and Revision Notes Based on title 28, U.S.C., 1940 ed., §112 (part) (Mar. 3, 1911, ch. 231, §51, 36 Stat. 1101; Sept. 19, 1922, ch. 345, 42 Stat. 849; Mar. 4, 1925, ch. 526, §1, 43 Stat. 1264; Apr. 16, 1936, ch. 230, 49 Stat. 1213). For disposition of other provisions of section 112 of title 28, U.S.C., 1940 ed., see reviser's note under section 1391 of this title. Words "civil action" were substituted for "suit," in view of Rule 2 of the Federal Rules of Civil Procedure. Words "other than said corporation," after "same defendants," were omitted as superfluous. Obviously a corporation would not be suing itself. Changes were made in phraseology.

Source: uscode.house.gov — public domain Official Source ↗
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