Part 14Control of political donations and expenditure
Remedies in case of unauthorised donations or expenditure
370Enforcement of directors' liabilities by shareholder action
(1)
Any liability of a director under section 369 is enforceable—
(a)
in the case of a liability of a director of a company to that company, by proceedings brought under this section in the name of the company by an authorised group of its members;
(b)
in the case of a liability of a director of a holding company to a subsidiary, by proceedings brought under this section in the name of the subsidiary by—
(i)
an authorised group of members of the subsidiary, or
(ii)
an authorised group of members of the holding company.
(2)
This is in addition to the right of the company to which the liability is owed to bring proceedings itself to enforce the liability.
(3)
An “authorised group” of members of a company means—
(a)
the holders of not less than 5% in nominal value of the company's issued share capital,
(b)
if the company is not limited by shares, not less than 5% of its members, or
(c)
not less than 50 of the company's members.
(4)
The right to bring proceedings under this section is subject to the provisions of section 371.
(5)
Nothing in this section affects any right of a member of a company to bring or continue proceedings under Part 11 (derivative claims or proceedings).