Derivative action

A derivative action addresses damage suffered by the company, not merely by an individual shareholder. The claimant seeks relief for the company when the competent organs are unwilling or conflicted, for example in claims against directors or officers. Swiss law recognises mechanisms allowing shareholders, under defined conditions, to pursue corporate liability claims for the company’s benefit. Standing, costs, procedural control and settlement authority are crucial. Common-law jurisdictions often use the same term but apply permission stages and remedies differently.