Proper plaintiff.

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47-34A-1103. Proper plaintiff.

(a) Except as otherwise provided in subsection (b), a derivative action under §47-34A-1102 may be maintained only by a person that is a member at the time the action is commenced and remains a member while the action continues.

(b) If the sole plaintiff in a derivative action dies while the action is pending, the court may permit another member of the limited liability company to be substituted as plaintiff.

Source: SL 1998, ch 272, §1103; SL 2013, ch 233, §41.


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