In a derivative action, the plaintiff must be a member or an owner of a financial interest at the time of bringing the action and:
At the time of the transaction of which the plaintiff complains; or
The plaintiff's status as a member or an owner of a financial interest had devolved upon the plaintiff by operation of law or pursuant to the terms of an operating agreement from a person who was a member or an owner of a financial interest at the time of the transaction.
A plaintiff may not commence or maintain a derivative proceeding unless the plaintiff fairly and adequately represents the interests of the limited liability company in enforcing the right of the limited liability company.