derivative claim

derivative claim
A claim brought by a member of a company under Part 11 of the Companies Act 2006 in respect of a cause of action vested in the company, and seeking relief on behalf of the company. The procedure for this type of application is set out in CPR 19.9 () and its practice direction.
+ derivative claim
USA
A litigation claim brought by a stockholder on behalf of a corporation against a corporation's management or board of directors typically alleging breach of fiduciary duty, fraud or mismanagement. The procedure for a derivative claim is governed by state law, but typically a stockholder must:
• Have been a stockholder at the time of the alleged wrong doing.
• Retain ownership throughout the litigation.
• Make a demand on the board of directors to take corrective action or show that such a demand would be futile.

Practical Law Dictionary. Glossary of UK, US and international legal terms. . 2010.

Игры ⚽ Поможем написать курсовую

Look at other dictionaries:

  • derivative action — n: a suit brought by a shareholder on behalf of a corporation or by a member on behalf of an association to assert a cause of action usu. against an officer which the corporation or association has itself failed to assert for its injuries –… …   Law dictionary

  • Derivative work — L.H.O.O.Q. (1919). Derivative work by Marcel Duchamp based on the Mona Lisa (La Gioconda) by Leonardo da Vinci. Also known as The Mona Lisa With a Moustache. Often used by law professors to illustrate legal concept of derivative work. In United… …   Wikipedia

  • claim — Synonyms and related words: absolute interest, acquire, adduce, advance, adverse possession, affidavit, affirm, affirmation, allegation, allege, alodium, application, appurtenance, argue, ask, ask for, assert, assertion, authority, avow, be… …   Moby Thesaurus

  • derivative — 1. adjective [dɪˈɹɪvətɪv/ a) Imitative of the work of someone else. b) Referring to a work, such as a translation or adaptation, based on another work that may be subject to copyright restrictions. 2. noun [dɪˈɹɪvətɪv/ a) Something derived. The… …   Wiktionary

  • direct claim — USA A litigation claim brought by a stockholder against the management or board of directors of a corporation on behalf of itself alleging an injury to the stockholder in particular (as opposed to an injury to the corporation). Since a direct… …   Law dictionary

  • Credit derivative — In finance, a credit derivative is a securitized derivative whose value is derived from the credit risk on an underlying bond, loan or any other financial asset. In this way, the credit risk is on an entity other than the counterparties to the… …   Wikipedia

  • third-party claim — noun A derivative lawsuit brought by a defendant in an original lawsuit, claiming that another new party being brought in is responsible for or should share in the plaintiffs damages against the defendant. ,Practise note: the third party being… …   Wiktionary

  • United Kingdom company law — Beside the River Thames, the City of London is a global financial centre. Within the Square Mile, the London Stock Exchange lies at the heart of the United Kingdom s corporations. United Kingdom company law is the body of rules that concern… …   Wikipedia

  • Corporate litigation in the United Kingdom — is that part of UK company law which gives investors the right to sue the directors of a company, or vindicate another wrong to the company, particularly where the board of directors does not wish to act itself. Contents 1 History 1.1 The rule in …   Wikipedia

  • Directors' duties in the United Kingdom — bind anybody who is formally appointed to the board of directors of a UK company. Contents 1 Scope 2 Duty to act for proper purposes 3 Duty of care 4 …   Wikipedia

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”