Section 7-1-440. Derivative actions by shareholders -- When proper

   A derivative action may be brought by a shareholder in the right of the bank or trust company to procure a judgment in its favor against directors, officers, or other representatives of the bank or trust company, or shareholders, or third parties, or any combination thereof, whenever the bank or trust company has a claim or cause of action which the representatives of the bank or trust company, in violation of their duties, have failed to enforce, including a claim or cause of action against such representatives for their failure in this respect.

Code 1933, § 41A-2011, enacted by Ga. L. 1974, p. 705, § 1.