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Wednesday, June 12, 2019 4:10:45 PM
The Texas Supreme Court has long recognized that conduct that harms shareholders in a corporation usually does so only indirectly--that is, the corporation suffers a loss, and all the shareholders then also suffer their proportionate share of the loss. Because the law considers the corporation to be a person, separate and apart from its shareholders, the party with the right to seek redress for such an injury is the corporation, not the individual shareholders.
Ordinarily, the cause of action for injury to the property of a corporation or the impairment or destruction of its business, is vested in the corporation, as distinguished from its stockholders, even though it may result indirectly in loss of earnings to the stockholders. Generally, the individual stockholders have no separate and independent right of action for injuries suffered by the corporation which merely result in the depreciation of the value of their stock. This rule is based on the principle that where such an injury occurs each shareholder suffers relatively in proportion to the number of shares he owns, and each will be made whole if the corporation obtains restitution or compensation from the wrongdoer.
http://www.shareholderoppression.com/shareholder-suit
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