265 Derivative proceedings
265 Derivative proceedings
Companies Act 2006 | Legislation

(1)     In Scotland, a member of a company may raise proceedings in respect of an act or omission specified in subsection (3) in order to protect the interests of the company and obtain a remedy on its behalf.

(2)     A member of a company may raise such proceedings only under subsection (1).

(3)     The act or omission referred to in subsection (1) is any actual or proposed act or omission involving negligence, default, breach of duty or breach of trust by a director of the company.

(4)     Proceedings may be raised under subsection (1) against (either or both)—

(a)     the director

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