| B.__Three times the savings realized by the corporation as | a result of the corporation's or a director's failure to | protect the public interest pursuant to subsection 1. |
|
| | 4.__Contribution.__A director of a corporation against whom | a suit has been brought pursuant to subsection 1 and who is | found liable is entitled to contributions from every other | director of that corporation who could be held liable under | subsection 3 or any other director who, if sued separately, | would have been liable to make the same payment. |
|
| | 5.__Statute of limitations.__An action pursuant to | subsection 1 must begin within 2 years after the discovery of | the damage caused.__An action pursuant to subsection 1 must | begin within 6 years after the time the damage occurred.__An | action may not be brought to enforce any liability under | subsection 1 that accrues prior to January 1, 2017. |
|
| | 6.__Controlling person; liability.__A person who, through | stock ownership, agency or otherwise, or who, under an | agreement with one or more other persons through stock | ownership, agency or otherwise, controls a person liable under | subsection 1 is also jointly and severally liable to the same | extent as the controlled person, unless the controlling person | had no knowledge of or reasonable grounds to believe in the | existence of the facts by reason of which the controlled | person is liable. |
|
| For purposes of this subsection, the term "control," including | the terms "controls," "controlled" and "controlling," means | the possession, direct or indirect, of the power to direct or | cause the direction of the management and policies of a | person, whether through stock ownership, agency or otherwise. |
|
| | 7.__Attorney general; bring action.__Whenever it appears to | the Attorney General that a corporation or director of a | corporation is engaged or about to engage in an act or | practice that constitutes or will constitute a violation of | the provisions of subsection 1, the Attorney General may in | the Attorney General's discretion bring an action in an | appropriate court to enjoin such act or practice and, upon a | proper showing, a permanent or temporary injunction or | restraining order may be granted without bond. |
|
| Whenever it appears to the Attorney General that a corporation | or director of a corporation has violated the provisions of | subsection 1, the Attorney General may bring an action in | court, and the court has jurisdiction to impose, upon a proper | showing, a civil penalty on the corporation or director who | committed the violation.__The penalty is payable to the State. |
|
|