§428-1102 Proper plaintiff. In a derivative action for a limited liability company, the plaintiff shall be a member of the company when the action is commenced, and:
(1) Shall have been a member at the time of the transaction of which the plaintiff complains; or
(2) The plaintiff's status as a member shall have devolved upon the plaintiff by operation of law or pursuant to the terms of the operating agreement from a person who was a member at the time of the transaction. [L 1996, c 92, pt of §1]