Public-domain · open source
OpenJurist

N.C. Gen. Stat. § 57D-8-04

Discontinuance or settlement

Applied in 2 court decisions — leading case Kane v. Moore (2019)

Most recently applied in Weatherspoon Fam. LLC v. Hatteras Inv. Partners, L.P. (July 2025)

2013-157, s. 2.

(a) A derivative proceeding may not be discontinued or settled without the court's approval. If the court determines that a proposed discontinuance or settlement will substantially affect the interests of the LLC's members, the court shall direct that notice be given to the members who would be affected.

(b) The court shall determine the manner and form of the notice and the manner in which costs of the notice will be borne.

Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.