| | | 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. |
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| | | 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. |
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| | | 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. |
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| | | 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. |
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| | | 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. |
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| | | 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. |
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| | | 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. |
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