Proper plaintiff

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§1423. Proper plaintiff

A derivative action may be maintained only by a person that is a partner at the time the action is commenced and:   [PL 2005, c. 543, Pt. C, §2 (NEW).]

1.  Partner when conduct occurred.  That was a partner when the conduct giving rise to the action occurred; or  

[PL 2005, c. 543, Pt. C, §2 (NEW).]

2.  Partner status.  Whose status as a partner devolved upon the person by operation of law or pursuant to the terms of the partnership agreement from a person that was a partner at the time of the conduct.  

[PL 2005, c. 543, Pt. C, §2 (NEW).]

SECTION HISTORY

PL 2005, c. 543, §C2 (NEW).


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