21-165. Derivative action.
135 words·~1 min read·
/ne/chapter-21/21-165A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(RULLCA 902) A member may maintain a derivative action to enforce a right of a limited liability company if:
(1)the member first makes a demand on the other members in a member-managed limited liability company, or the managers of a manager-managed limited liability company, requesting that they cause the company to bring an action to enforce the right, and the managers or other members do not bring the action within a reasonable time; or
(2)a demand under subdivision
(1)of this section would be futile.
This section allows for a derivative action if the member of a limited liability company makes a demand upon the manager of the limited liability company to institute the action unless such demand would be futile. Klingelhoefer v. Parker, Grossart, 20 Neb. App. 825, 834 N.W.2d 249 (2013).