A derivative action may be maintained only by a person that is a partner at the time the action is commenced and: 1. That was a partner when the conduct giving rise to the action occurred; or 2. 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 the conduct.
(1003) Proper plaintiff
N.D.C.C. § 45-10.2-91 — under Uniform Limited Partnership Act.
N.D.C.C. § 45-10.2-91