§ 55-7-46. Payment of expenses. - North Carolina Statutes

§55‑7‑46.  Payment of expenses.

On termination of thederivative proceeding, the court may:

(1)        Order thecorporation to pay the plaintiff's reasonable expenses, including attorneys'fees, incurred in the proceeding if it finds that the proceeding has resultedin a substantial benefit to the corporation;

(2)        Order the plaintiffto pay any defendant's reasonable expenses, including attorneys' fees, incurredin defending the proceeding if it finds that the proceeding was commenced ormaintained without reasonable cause or for an improper purpose; or

(3)        Order a party to payan opposing party's reasonable expenses, including attorneys' fees, incurred asa result of the filing of a pleading, motion, or other paper, if the court,after reasonable inquiry, finds that the pleading, motion, or other paper wasnot well grounded in fact or was not warranted by existing law or a good faithargument for the extension, modification, or reversal of existing law, and thatit was interposed for an improper purpose, such as to harass or to causeunnecessary delay or needless increase in the cost of litigation. (1995,c. 149, s. 1.)