Aside from to the suit for compensation for damages sustained personally, members representing the quarter of the members and the quarter of the equity interests may, either individually or
collectively, initiate a member derivative lawsuit against the manager.
The plaintiffs are entitled to seek compensation for the entire damage suffered by the company, to which damages shall be awarded, if any.
No provision of the articles of association may subordinate a partner derivative lawsuit to the prior notice or authorization of the general meeting, or contain advance waiver of the option for such action.
No decision of the general meeting shall extinguish a suit for civil liability against managers for a fault committed during the performance of their duties. Any decision to the contrary shall be null.
Unofficial translation
Transcription: Spot-checked
In force from 05-05-2014
Source page 95
The document's transcription was spot-checked against the supplied source; this does not confirm a line-by-line review of every provision.
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Section 331 of the Acte uniforme révisé relatif au droit des sociétés commerciales et du groupement d'intérêt économique/akn/ohada/act/loi/2014-01-30/auscgie-2014
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