Title 28 — Judiciary and Judicial ProcedureRelease 119-73

§1401 Stockholder’s derivative action

Title 28 › Part PART IV— - JURISDICTION AND VENUE › Chapter CHAPTER 87— - DISTRICT COURTS; VENUE › § 1401

Last updated Apr 6, 2026|Official source

Full Legal Text

Title 28, §1401

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

Any civil action by a stockholder on behalf of his corporation may be prosecuted in any judicial district where the corporation might have sued the same defendants.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., § 112 (part) (Mar. 3, 1911, ch. 231, § 51, 36 Stat. 1101; Sept. 19, 1922, ch. 345, 42 Stat. 849; Mar. 4, 1925, ch. 526, § 1, 43 Stat. 1264; Apr. 16, 1936, ch. 230, 49 Stat. 1213). For disposition of other provisions of section 112 of title 28, U.S.C., 1940 ed., see reviser’s note under section 1391 of this title. Words “civil action” were substituted for “suit,” in view of Rule 2 of the Federal Rules of Civil Procedure. Words “other than said corporation,” after “same defendants,” were omitted as superfluous. Obviously a corporation would not be suing itself. Changes were made in phraseology.

Reference

Citations & Metadata

Citation

28 U.S.C. § 1401

Title 28 — Judiciary and Judicial Procedure

Last Updated

Apr 6, 2026

Release point: 119-73