Proper plaintiff.

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  • (1) A derivative action to enforce a right of a limited cooperative association may be maintained only by a person that:
    • (a) is a member or a dissociated member at the time the action is commenced and:
      • (i) was a member when the conduct giving rise to the action occurred; or
      • (ii) whose status as a member devolved upon the person by operation of law or the organic rules from a person that was a member at the time of the conduct; and
    • (b) adequately represents the interests of the association.
  • (2) If the sole plaintiff in a derivative action dies while the action is pending, the court may permit another member who meets the requirements of Subsection (1) to be substituted as plaintiff.




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