§ 29–1206.13. Proceeds and expenses.

(a) Except as otherwise provided in subsection (b) of this section:

(1) Any proceeds or other benefits of a derivative action on behalf of a statutory trust, whether by judgment, compromise, or settlement belong to the trust and not to the plaintiff; and

(2) If the plaintiff receives any proceeds, the plaintiff shall immediately remit them to the trust.

(b) If a derivative action on behalf of a statutory trust is successful in whole or in part, the court may award the plaintiff reasonable attorneys’ fees, costs, and other expenses from the recovery by the trust.

(c) A derivative action on behalf of a statutory trust shall not be voluntarily dismissed or settled without the court’s approval.