266 Requirement for leave and notice
266 Requirement for leave and notice
Companies Act 2006 | Legislation

(1)     Derivative proceedings may be raised by a member of a company only with the leave of the court.

(2)     An application for leave must—

(a)     specify the cause of action, and

(b)     summarise the facts on which the derivative proceedings are to be based.

(3)     If it appears to the court that the application and the evidence produced by the applicant in support of it do not disclose a prima facie case for granting it, the court—

(a)     must refuse the application, and

(b)     may make any consequential order it considers appropriate.

(4)     If the application is not refused under subsection (3)—

(a)     the applicant must serve the application on the company,

(b)     the court—

(i)     may make an order requiring evidence to be produced by the company, and

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