Neb. Rev. Stat. » Chapter 21
Nebraska Revised Statutes

Neb. Rev. Stat. § 21-276 (2026)

Standing

✓ current as of July 2026
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(MBCA 7.41) A shareholder may not commence or maintain a derivative proceeding unless the shareholder:

(1) Was a shareholder of the corporation at the time of the act or omission complained of or became a shareholder through transfer by operation of law from one who was a shareholder at that time; and

(2) Fairly and adequately represents the interests of the corporation in enforcing the right of the corporation.

Notes of Decisions
Cited in 4 cases (3 in the last 5 years), 2019–2025 · leading case: Schnackel v. Schnackel, 27 Neb. Ct. App. 789 (Neb. Ct. App. 2019).
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Schnackel v. Schnackel, 27 Neb. Ct. App. 789 (Neb. Ct. App. 2019). “789 the corporation’s annual financial documents (§ 21-2,227), the right to inspect and copy records of the corporation (§ 21-2,222), and the right to commence a derivative action on behalf of the corporation (§ 21-276). Given that Laura is entitled to a portion of AEA’s future…”
Hohenstein v. Hohenstein (Neb. Ct. App. 2025). · cites it 4× “In his motion, Kurt asked the court to amend or alter its order to find that the plaintiffs had sought relief contrary to the interests of Cottonwood Flats and that in doing so, the plaintiffs violated the standing requirement for derivative proceedings found in Neb. Rev. Stat.…”
Hohenstein v. Hohenstein (Neb. Ct. App. 2023). · cites it 3× “Also in 2020, Kurt also filed a motion to dismiss the derivative action pursuant to Neb. Rev. Stat. § 21-276 (Reissue 2022) due to lack of standing, alleging that “while the parties are named Plaintiffs derivatively, the real party in interest on that matter here is Cottonwood…”
Hohenstein v. Hohenstein (Neb. Ct. App. 2024). · cites it 2× “We recognized that the plaintiffs, who are shareholders, exercised their right to commence a derivative proceeding under Neb. Rev. Stat. § 21-276 (Reissue 2022) and to bring suit on behalf of Cottonwood Flats in their -6- representative capacity for the corporation.”
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