Proper plaintiff

  1. Law
  2. US Virgin Islands Code
  3. Corporations and Associations
  4. Uniform Limited Liability Company Act
  5. Derivative Action
  6. Proper plaintiff

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  • In a derivative action for a limited liability company, the plaintiff must be a member of the company when the action is commenced, and:

    • (1) must have been a member at the time of the transaction of which the plaintiff complains; or

    • (2) the plaintiff's status as a member must have devolved upon the plaintiff by operation of law or pursuant to the terms of the operating agreement from a person who was a member at the time of the transaction.


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