[§425E-1005]  Proceeds and expenses. 
(a)  Except as otherwise provided in subsection (b):



(1)  Any proceeds or other benefits of a derivative
action, whether by judgment, compromise, or settlement, belong to the limited
partnership and not to the derivative plaintiff; and



(2)  If the derivative plaintiff receives any
proceeds, the derivative plaintiff shall immediately remit them to the limited
partnership.



(b)  If a derivative action is successful in
whole or in part, the court may award the derivative plaintiff reasonable
expenses, including reasonable attorney's fees, from the recovery of the
limited partnership. [L 2003, c 210, pt of §1]