WA · rules
Wash. Super. Ct. Civ. R. 23.1
Derivative Actions by Shareholders
In a derivative action brought by one or more shareholders or members to enforce a right of
a corporation or of an unincorporated association, the corporation or association having failed to
enforce a right which may properly be asserted by it, the complaint shall be verified and shall
allege (a) that the plaintiff was a shareholder or member at the time of the transaction of which
the plaintiff complains or that the plaintiff’s share or membership thereafter devolved on the
plaintiff by operation of law, and (b) that the action is not a collusive one to confer jurisdiction
on a court of this state which it would not otherwise have. The complaint shall also allege with
particularity the efforts, if any, made by the plaintiff to obtain the action the plaintiff desires from
the directors or comparable authority and, if necessary, from the shareholders or members, and
the reasons for the plaintiff’s failure to obtain the action or for not making the effort. The
derivative action may not be maintained if it appears that the plaintiff does not fairly and
adequately represent the interests of the shareholders or members similarly situated in enforcing
the right of the corporation or association. The action shall not be dismissed or compromised
without the approval of the court, and notice of the proposed dismissal or compromise shall be
given to shareholders or members in such manner as the court directs.
History
[Adopted effective July 1, 1967; Amended effective April 28, 2015.]
Provenance
- Source
- www.courts.wa.gov
- Retrieved
- 2026-09-16
- Edition
- 2026-09-16
- Content hash
50ee0d4c61a7551855a9d558626f5cfc20f79e5651324835b703ace94eba57c0
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