67-289. Derivative action; proper plaintiff.
128 words·~1 min read·
/ne/chapter-67/67-289A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In a derivative action, the plaintiff must be a partner or an assignee of a partner at the time of bringing the action and
(1)must have been a partner at the time of the transaction of which he or she complains,
(2)his or her status as a partner must have devolved upon him or her by operation of law or pursuant to the terms of the partnership agreement from a person who was a partner at the time of the transaction, or
(3)his or her status as an assignee of a partner must have devolved upon him or her pursuant to the terms of the assignment from a person who was a partner or an assignee of a partner at the time of the transaction.