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Section 6052 Of Article 2. Access To Books And Records; Communication With Stockholders Or Members; Derivative Actions From California Financial Code >> Division 2. >> Chapter 3. >> Article 2.
6052
. (a) No action may be instituted or maintained in the right of
any association by any savings account holder who is not a
stockholder or member of the association.
(b) An action may be instituted or maintained in the right of an association by a stockholder or member of that association only if all the following conditions exist:
(1) The plaintiff alleges in the complaint that the plaintiff was a registered stockholder or member at the time of the transaction or any part of it, or that the stock or membership devolved upon the plaintiff by operation of law from a holder who was a holder at the time of the transaction or any part of it.
(2) The plaintiff alleges in the complaint with particularity the efforts of the plaintiff to secure from the board of directors the desired action and alleges further that the plaintiff has either informed the association or its board of directors in writing of the ultimate facts of each cause of action against each defendant director or delivered to the association or its board of directors a true copy of the complaint which plaintiff proposes to file, and the reasons for the plaintiff's failure to obtain the desired action or the reasons for not making an effort to secure the desired action from the association.
(3) The commissioner has determined, after a hearing upon at least 20 days' written notice to the association and each of its directors, that the action is proposed in good faith and that there is a reasonable probability that the prosecution of the action will benefit the association and its stockholders or members.
(c) Subdivisions (c), (d), (e), and (f) of Section 800 of the Corporations Code apply to any actions under this section.
(b) An action may be instituted or maintained in the right of an association by a stockholder or member of that association only if all the following conditions exist:
(1) The plaintiff alleges in the complaint that the plaintiff was a registered stockholder or member at the time of the transaction or any part of it, or that the stock or membership devolved upon the plaintiff by operation of law from a holder who was a holder at the time of the transaction or any part of it.
(2) The plaintiff alleges in the complaint with particularity the efforts of the plaintiff to secure from the board of directors the desired action and alleges further that the plaintiff has either informed the association or its board of directors in writing of the ultimate facts of each cause of action against each defendant director or delivered to the association or its board of directors a true copy of the complaint which plaintiff proposes to file, and the reasons for the plaintiff's failure to obtain the desired action or the reasons for not making an effort to secure the desired action from the association.
(3) The commissioner has determined, after a hearing upon at least 20 days' written notice to the association and each of its directors, that the action is proposed in good faith and that there is a reasonable probability that the prosecution of the action will benefit the association and its stockholders or members.
(c) Subdivisions (c), (d), (e), and (f) of Section 800 of the Corporations Code apply to any actions under this section.
