1. Any single shareholder, or all shareholders acting collectively, may file a lawsuit with the competent court under their name and on behalf of the company against any related party of the company for the damage incurred by the company as a result of the related party's breach of duties vis-à-vis the company according to this Decree Law or any other law. For this purpose, the following requirements shall be satisfied: a. That the damage or violation to duty has been caused to the company; b. That the plaintiff is a shareholder of the company at the time when the acts involved in the lawsuit have been committed, or has acquired such capacity as a result of the transfer the interest or shares of such a person from a person who has had such capacity at that time. c. That the plaintiff or plaintiffs collectively have shares which represent at least 10% of the company's capital. d. That the plaintiff has earlier submitted to the board of directors of the company a written application for filing the lawsuit and stating its grounds, but such application has either been rejected or not responded to by the board within thirty [30] days. e. That the lawsuit documents include a copy of the application referred to in the previous paragraph of this Article, and details of all other efforts made to urge the company to file the complaint by itself. 2. Subject to the provisions of Clause [1] of this Article, the plaintiff or plaintiffs may not enter into amicable conciliation or settlement with the defendant in such case without the approval of the court following the full disclosure of the details of the proposed conciliation or settlement. 3. If a judgement is issued in favor of the plaintiff or plaintiffs according to the provisions of this Article, the ownership of amounts ordered by the court to be refunded and the compensation for damage shall be conferred upon the company, with the exception of the legal expenses and attorney fees which shall be paid back to the plaintiff or plaintiffs who had actually paid them. The competent court shall approve the value of such legal expenses if it is convinced that the lawsuit is based on malicious grounds with the aim of inflicting damage upon the defendant, the company and its shareholders, or of defaming or affecting the price of the share in the financial market.
Interpretation and application must be checked against the official text and current version.