Delaware § 17-1002 Proper plaintiff

Delaware Statutes

§ 17-1002 — Proper plaintiff

Delaware § 17-1002

Title6

Ch. 17LIMITED PARTNERSHIPS

Subch.Derivative Actions

This text of Delaware § 17-1002 (Proper plaintiff) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 6, § 17-1002 (2026).

Text

In a derivative action, the plaintiff must be a partner or an assignee of a partnership interest at the time of bringing the action and:

(1)At the time of the transaction of which the plaintiff complains; or

(2)The plaintiff’s status as a partner or an assignee of a partnership interest had devolved upon the plaintiff by operation of law or pursuant to the terms of the partnership agreement from a person who was a partner or an assignee of a partnership interest at the time of the transaction.

Free access — add to your briefcase to read the full text and ask questions with AI

In a derivative action, the plaintiff must be a partner or an assignee of a partnership interest at the time of bringing the action and:

(1) At the time of the transaction of which the plaintiff complains; or

(2) The plaintiff’s status as a partner or an assignee of a partnership interest had devolved upon the plaintiff by operation of law or pursuant to the terms of the partnership agreement from a person who was a partner or an assignee of a partnership interest at the time of the transaction.

Legislative History

6 Del. C. 1953, § 1732; 59 Del. Laws, c. 105, § 1 ; 63 Del. Laws, c. 420, § 1 ; 65 Del. Laws, c. 188, § 1 ; 70 Del. Laws, c. 186, § 1 ; 71 Del. Laws, c. 340, § 18