35-12-1402. Proper plaintiff.
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/mt/title-35/chapter-12/part-14/35-12-1402·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
35-12-1402 . Proper plaintiff. A derivative action may be maintained only by a person that is a partner at the time the action is commenced and:
(1)that was a partner when the conduct giving rise to the action occurred; or
(2)whose status as a partner devolved 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.