Proper plaintiff

(1) A derivative action may be maintained only by a person that is a partner at the time the action is commenced and: (a) That was a partner when the conduct giving rise to action occurred; 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 that was a partner at the time of that conduct. (2) The derivative proceeding shall not be maintained if: (a) It appears that the person commencing the proceeding does not fairly and adequately represent the interests of the partners in enforcing the rights of the limited partnership; or (b) The person commencing the proceeding ceases to be a partner in the limited partnership. Effective:June 29, 2017