16-16-1302. Proper plaintiff.

135 words·~1 min read·/ut/title-16/chapter-16/16-16-1302

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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.

Enacted by Chapter 363 , 2008 General Session