Section 25.15.391. Proper plaintiff.  


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  • In a derivative action, the plaintiff must be a member at the time of bringing the action and:
    (1) At the time of the transaction of which the plaintiff complains; or
    (2) The plaintiff's status as a member had devolved upon the person by operation of law or pursuant to the terms of a limited liability company agreement from a person who was a member at the time of the transaction.