Proper Plaintiff

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A derivative action to enforce a right of a limited partnership may be maintained only by a person that:

  1. Is a partner at the time the action is commenced; and
  2. Either:
    1. Was a partner when the conduct giving rise to the action occurred; or
    2. Whose status as a partner devolved on 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.


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