{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/13.1-1233.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/13.1-1233.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/13.1-1233.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/13.1-1233.html"}],"law_id":346503,"edition_id":2,"section_id":346503,"structure_id":49753,"section_number":"13.1-1233","catch_line":"Payment of and security for expenses","history":"2002, c. 621.","full_text":"On termination of a derivative proceeding, the court shall:\n\n1\n\nOrder the business trust to pay the plaintiff’s reasonable expenses, including counsel fees, incurred in the proceeding if it finds that the proceeding has resulted in a substantial benefit to the business trust; or\n\n2\n\nOrder the plaintiff or the plaintiff’s attorney to pay any defendant’s reasonable expenses, including counsel fees, incurred in defending the proceeding if it finds that the proceeding was commenced or maintained arbitrarily, vexatiously or not in good faith.\n\n","order_by":null,"text":{"0":{"id":1291980,"text":"On termination of a derivative proceeding, the court shall:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":1291981,"text":"Order the business trust to pay the plaintiff’s reasonable expenses, including counsel fees, incurred in the proceeding if it finds that the proceeding has resulted in a substantial benefit to the business trust; or","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":1291982,"text":"Order the plaintiff or the plaintiff’s attorney to pay any defendant’s reasonable expenses, including counsel fees, incurred in defending the proceeding if it finds that the proceeding was commenced or maintained arbitrarily, vexatiously or not in good faith.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1"}},"ancestry":[{"id":49753,"edition_id":2,"name":"Derivative Actions","identifier":"7","label":"article","depth":3,"order_by":7,"parent_id":49746,"metadata":{"child_laws":2,"child_structures":0},"date_created":"2026-08-02 02:14:27","date_modified":"2026-08-02 12:29:21","permalink":{"id":1376409,"object_type":"structure","relational_id":49753,"identifier":"7","token":"13.1\/14\/7","url":"\/13.1\/14\/7\/","edition_id":2,"permalink":0,"preferred":1}},{"id":49746,"edition_id":2,"name":"Virginia Business Trust Act","identifier":"14","label":"chapter","depth":2,"order_by":17,"parent_id":49726,"metadata":{"child_laws":93,"child_structures":14},"date_created":"2026-08-02 02:14:23","date_modified":"2026-08-02 12:29:20","permalink":{"id":1376113,"object_type":"structure","relational_id":49746,"identifier":"14","token":"13.1\/14","url":"\/13.1\/14\/","edition_id":2,"permalink":0,"preferred":1}},{"id":49726,"edition_id":2,"name":"Corporations","identifier":"13.1","label":"title","depth":1,"order_by":44,"parent_id":null,"metadata":{"child_laws":894,"child_structures":104},"date_created":"2026-08-02 02:14:01","date_modified":"2026-08-02 12:29:04","permalink":{"id":1374495,"object_type":"structure","relational_id":49726,"identifier":"13.1","token":"13.1","url":"\/13.1\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":346502,"structure_id":49753,"section_number":"13.1-1232","catch_line":"Right of action","url":"\/13.1-1232\/","token":"13.1\/14\/7\/13.1-1232","metadata":false},{"id":346503,"structure_id":49753,"section_number":"13.1-1233","catch_line":"Payment of and security for expenses","url":"\/13.1-1233\/","token":"13.1\/14\/7\/13.1-1233","metadata":false}],"previous_section":{"id":346502,"structure_id":49753,"section_number":"13.1-1232","catch_line":"Right of action","url":"\/13.1-1232\/","token":"13.1\/14\/7\/13.1-1232","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/13.1-1233\/","history_text":"

This law was first created in 2002. The record of its establishment is cataloged in chapter 621<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":false,"permalink":{"id":1376415,"object_type":"law","relational_id":346503,"identifier":"13.1-1233","token":"13.1\/14\/7\/13.1-1233","url":"\/13.1-1233\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/13.1-1233\/","token":"13.1\/14\/7\/13.1-1233","dublin_core":{"Title":"Payment of and security for expenses","Type":"Text","Format":"text\/html","Identifier":"\u00a7 13.1-1233","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

On termination of a derivative proceeding, the court<\/span> shall:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Order<\/span> the business trust<\/span> to pay the plaintiff<\/span>’s reasonable expenses, including counsel<\/span> fees, incurred in the proceeding if it finds that the proceeding has resulted in a substantial benefit to the business trust<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Order<\/span> the plaintiff<\/span> or the plaintiff<\/span>’s attorney to pay any defendant<\/span>’s reasonable expenses, including counsel<\/span> fees, incurred in defending the proceeding if it finds that the proceeding was commenced or maintained arbitrarily, vexatiously or not in good faith. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPAYMENT OF AND SECURITY FOR EXPENSES (\u00a7 13.1-1233)\n\nOn termination of a derivative proceeding, the court shall:\n\n1. Order the business trust to pay the plaintiff’s reasonable expenses,\nincluding counsel fees, incurred in the proceeding if it finds that the\nproceeding has resulted in a substantial benefit to the business trust; or\n\n2. Order the plaintiff or the plaintiff’s attorney to pay any\ndefendant’s reasonable expenses, including counsel fees, incurred in\ndefending the proceeding if it finds that the proceeding was commenced or\nmaintained arbitrarily, vexatiously or not in good faith.\n\nHISTORY: 2002, c. 621.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}