Requirements for plaintiff

Except to the extent provided by the partnership agreement, in a derivative action, the plaintiff must be 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 complains; or (2) His status as a partner must have devolved upon him 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. (Code 1981, § 14-9-1002, enacted by Ga. L. 1988, p. 1016, § 1.) COMMENT Note to Georgia Revised Uniform Limited Partnership Act This section sets forth rules regarding who may bring a derivative action. 1049 14-9-1002 CORPORATIONS & PARTNERSHIPS 14-9-1004 Prior Georgia Law There is no provision under prior Georgia law for limited partner derivative actions. Comparison With Official RULPA Introductory language has been added to the official version that empowers the partners to provide in the partnership agreement for suit by assignees, non-contemporaneous partners or others. Cross-Reference Limited partner derivative suits permitted: § 14-9-1001.