Proper Plaintiff

4 CMC § 4942, under Derivative Actions.

4 CMC § 4942

Proper Plaintiff. In a derivative action for a limited liability company, the plaintiff must be a member of the company when the action is commenced; and: (1) Must have been a member at the time of the transaction of which the plaintiff complains; or (2) The plaintiff’s status as a member must have devolved upon the plaintiff by operation of law or pursuant to the terms of the operating agreement from a person who was a member at the time of the transaction. Source: PL 14-11, § 2 (1102). Commission Comment: See the comment to 4 CMC § 4801 regarding PL 14-11.