Louisiana § RS 12:1-742.1 - 1. Petition in derivative proceeding

Full text of Louisiana Louisiana Civil Code § RS 12:1-742.1 — 1. Petition in derivative proceeding, with citation guidance and answers to common questions.

§ RS 12:1-742.1. 1. Petition in derivative proceeding

The petition in a derivative proceeding shall do all of the following:

(1)  Allege that the plaintiff meets the standing requirements of R.S. 12:1-741.

(2)  Allege either that the plaintiff made demand upon the corporation at least ninety days before the filing of the petition as required by R.S. 12:1-742 or that the plaintiff made the demand and, for reasons alleged in the petition, the filing of the petition before the expiration of the ninety-day period complies with R.S. 12:1-742.

(3)  Join as defendants the corporation and the obligor on the obligation sought to be enforced.

(4)  Include a prayer for judgment in favor of the corporation and against the obligor on the obligation sought to be enforced.

(5)  Be verified by the affidavit of the plaintiff or his counsel.

Acts 2014, No. 328, §1, eff. Jan. 1, 2015.

Source: official Louisiana text · Last verified 2026-08-27

Frequently Asked Questions About Louisiana § RS 12:1-742.1

What does Louisiana Civil Code § RS 12:1-742.1 cover?

Section RS 12:1-742.1 ("1. Petition in derivative proceeding") is part of the Louisiana Civil Code, the codified statutory law of Louisiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Louisiana § RS 12:1-742.1?

A common citation format is "Louisiana Civil Code § RS 12:1-742.1" (Louisiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Louisiana law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Louisiana official source linked on this page or consult a licensed Louisiana attorney.

How does Louisiana § RS 12:1-742.1 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Louisiana can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Louisiana.