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NC H649

Bill

Status

Introduced

4/13/2015

Primary Sponsor

Stephen Ross

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Origin

House of Representatives

2015-2016 Session

AI Summary

  • Adds definition of "complaint" as a civil complaint filed in a derivative proceeding to G.S. 55-7-40.1.

  • Modifies the demand rejection process in G.S. 55-7-42 by requiring corporations to promptly provide written notice to shareholders that includes the reasons for rejection and identities of directors who approved the rejection.

  • Clarifies that a corporation's failure to respond to a demand does not constitute acceptance or compromise of the corporation's rights under derivative suit procedures.

  • Allows courts to approve settlement or discontinuance notices for public corporations through press release distribution with national distribution, in addition to other notification methods.

  • Extends the repose period in G.S. 55-7-48(2) to foreign corporations whose principal office is located in North Carolina.

  • Effective October 1, 2015 for demands made and complaints filed on or after that date.

Legislative Description

Amend Corp. Gov/Shareholder Derivative Suits

Last Action

Ref To Com On Rules and Operations of the Senate

4/30/2015

Committee Referrals

Rules and Operations of the Senate4/30/2015
Judiciary II4/14/2015

Full Bill Text

No bill text available