O.C.G.A.

O.C.G.A. § 14-11-806 (2019)

Expenses

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) If a derivative action is successful, in whole or in part, or if anything is received by the plaintiff as a result of a judgment, compromise, or settlement of an action or claim, the court may award the plaintiff reasonable expenses, including reasonable attorneys’ fees, and shall direct him or her to remit to the limited liability company the remainder of those proceeds received by him or her.

(b) In any derivative action instituted on or after March 1, 1994, in the right of any domestic or foreign limited liability company by a member or members thereof, the court having jurisdiction, upon termination of such action and a finding that the action was commenced or maintained without reasonable cause or for an improper purpose, may order the plaintiff or plaintiffs to pay to the parties named as defendants the reasonable expenses, including reasonable attorneys’ fees, incurred by them in the defense of such action.

History

(Code 1981, § 14-11-806, enacted by Ga. L. 1993, p. 123, § 1.)

Annotations

RESEARCH REFERENCES ALR. - Construction and application of limited liability company acts - issues relating to derivative actions and actions

between members of limited liability company, 48 ALR6th 1.

Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2025–2026 · leading case: Huiming Song v. Egps Solutions I, Inc. (Ga. Ct. App. 2026).
Huiming Song v. Egps Solutions I, Inc. (Ga. Ct. App. 2026). · cites it 12× “Fee awards under OCGA §§ 14-11-806 and 14-2-746 are also reviewed for abuse of discretion.”
Huiming Song v. Egps Solutions I, Inc. (Ga. Ct. App. 2025). · cites it 5× “28 in attorney fees and expenses to Champion Instruments, LLC, under both OCGA § 9-15-14 and OCGA § 14-11-806. The court also ordered Song to pay $57,812.”
— 14-11-806(b) — 1 case
Huiming Song v. Egps Solutions I, Inc. (Ga. Ct. App. 2026). “Fee awards under OCGA §§ 14-11-806 and 14-2-746 are also reviewed for abuse of discretion.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.