What steps must a disenchanted shareholder take to commence a derivative action?

MultiRegion, United States of America

The following excerpt is from MBIA Inc. v. Fed. Ins. Co., Docket No. 10-0355-cv (L), Docket No. 10-0356-cv (XAP), Docket No. 10-0386-cv (con) (2nd Cir. 2011):

Berv, 590 F.3d 195, 206 (2d Cir. 2009); May v. Coffey, 967 A.2d 495, 501 n.6 (Conn. 2009). In Connecticut, shareholders must perform two distinct steps to initiate a derivative suit. See Stutz v. Shepard, 901 A.2d 33, 36 n.5 (Conn. 2006). First, a disenchanted shareholder must make a demand on the corporation "to take suitable action."5 Conn. Gen. Stat. Ann. 33-722. Then, after one of three events, the shareholder may commence a derivative suit: (1) the passing of ninety days without any action by the corporation, (2) notification that the shareholder's demand is rejected, or (3) a showing that irreparable injury would follow if the court waited for the ninety-day period to expire. Id.

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