Proper plaintiff

D.C. Code § 29-1206.11 — under Beneficial Owners..

D.C. Code § 29-1206.11

A derivative action to enforce a right of a statutory trust may be maintained only by a person that is a beneficial owner at the time the action is commenced and: (1) Was a beneficial owner when the conduct giving rise to the action occurred; or (2) Whose status as a beneficial owner devolved upon the person by operation of law or pursuant to the terms of the governing instrument from a person that was a beneficial owner at the time of the conduct.