State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_75E > GS_75E-4

§75E‑4.  Enforcement.

The Attorney General mayinstitute a civil action to prevent or restrain violations of G.S. 75E‑2.

A person injured by aviolation of G.S. 75E‑2 may maintain an action for damages or for aninjunction or both against any person who has committed the violation.  Theholders of the voting shares of a corporation that is the subject of a proposedbusiness combination that is to be consummated in violation of G.S. 75E‑2shall, for purposes of the previous sentence, be deemed to be injured by suchviolation, notwithstanding the fact that such business combination has not beenconsummated.

In a proceeding under thissection, the court shall determine whether a violation has been committed andenter any judgment or decree necessary to remove the effects of any violationit finds and to prevent continuation or renewal of the violation in the future.

If an application for aninjunction is granted, after due notice to all parties, and a hearing thereon,the complainant (including, without limiting the generality hereof, theAttorney General) may be awarded costs and reasonable attorneys' fees.

In an action for damages, ifthe defendant is found to have willfully violated G.S. 75E‑2, the personinjured may be awarded up to three times the amount of actual damages whichresult from the violation, with costs and reasonable attorneys' fees.  (1991,c. 440.)