490.858  Application of part E.

Except as limited in section 490.851, subsection 4, paragraph "a" and subsection 5 with respect to proceedings by or in the right of the corporation, the indemnification and advancement of expenses provided by, or granted pursuant to, sections 490.850 through 490.857 are not exclusive of any other rights to which persons seeking indemnification or advancement of expenses are entitled under a provision in the articles of incorporation or bylaws, agreements, vote of shareholders or disinterested directors, or otherwise, both as to action in a person's official capacity and as to action in another capacity while holding the office. However, such provisions, agreements, votes, or other actions shall not provide indemnification for a breach of a director's duty of loyalty to the corporation or its shareholders, for acts or omissions not in good faith or which involve intentional misconduct or knowing violation of the law, for a transaction from which the person seeking indemnification derives an improper personal benefit, or for liability under section 490.833.

Section History: Recent form

  89 Acts, ch 288, §106

Internal References

  Referred to in § 491.3, 491.16, 497.34, 498.36, 499.59A, 504A.4, 508C.16, 524.801, 524.1213, 533.4, 534.605, 534.607


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