Public Law 119-73 (01/23/2026)

28 U.S.C. § 1401

Stockholder’s derivative action

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.

June 25, 1948, ch. 64662 Stat. 936(, .)

Historical and Revision Notes

Mar. 3, 1911, ch. 231, § 5136 Stat. 1101Sept. 19, 1922, ch. 34542 Stat. 849Mar. 4, 1925, ch. 526, § 143 Stat. 1264Apr. 16, 1936, ch. 23049 Stat. 1213Based on title 28, U.S.C., 1940 ed., § 112 (part) (, ; , ; , ; , ).

section 112 of title 28section 1391 of this titleFor disposition of other provisions of , U.S.C., 1940 ed., see reviser’s note under .

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.