A partner may commence or maintain a derivative action in the right of the limited partnership only if the partner:
(1) fairly and adequately represents the interests of the limited partnership in enforcing the right of the limited partnership; and (2) either: (A) was a partner of the limited partnership at the time of the act or omission of which the partner complains; or (B) whose status as a partner devolved upon the person 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 act or omission of which the partner complains.
History: (Act 2016-379, §1.)