NOTES TO RULE 23.1
HISTORY: (Added July 1, 1966; Aug. 1, 1987)
Notes of Advisory Committee on 1966 amendments to Rules.
A derivative action by a shareholder of a corporation or by a member of an unincorporated association has distinctive aspects which require the special provisions set forth in the new rule. The next-to-the-last sentence recognizes that the question of adequacy of representation may arise when the plaintiff is one of a group of shareholders or members. Cf. 3 Moore's Federal Practice, par 23.08 (2d ed 1963).
The court has inherent power to provide for the conduct of the proceedings in a derivative action, including the power to determine the course of the proceedings and require that any appropriate notice be given to shareholders or members.
Notes of Advisory Committee on 1987 amendments to Rules.
The amendments are technical. No substantive change is intended.