Derivative proceeding - demand.

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(1) No member shall commence a derivative proceeding pursuant to this part 7 unless:

  1. A written demand has been made upon the limited liability company to take suitableaction; and

  2. Thirty days have expired from the date the demand was made; except that the thirtyday limitation shall not be required where:

  1. The member has been notified prior to the expiration of the thirty-day period that thedemand has been rejected by the limited liability company; or

  2. Irreparable injury to the limited liability company would result from waiting for theexpiration of the thirty-day period.

Source: L. 2002: Entire section added, p. 1725, § 160, effective October 1.


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