28 USC § 1401 - Stockholder’s derivative action

---
identifier: "/us/usc/t28/s1401"
source: "usc"
legal_status: "official_legal_evidence"
title: "28 USC § 1401 - Stockholder’s derivative action"
title_number: 28
title_name: "JUDICIARY AND JUDICIAL PROCEDURE"
section_number: "1401"
section_name: "Stockholder’s derivative action"
chapter_number: 87
chapter_name: "DISTRICT COURTS; VENUE"
part_number: "IV"
part_name: "JURISDICTION AND VENUE"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(June 25, 1948, ch. 646, 62 Stat. 936.)"
---


# § 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.

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**Source Credit**: (June 25, 1948, ch. 646, 62 Stat. 936.)

### Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., § 112 (part) (, ; , ; , ; , ).

For 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.