Delaware Statutes
§ 17-1002 — Proper plaintiff
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
Delaware § 17-1002 (Proper plaintiff) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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
Nearby Sections
15
§ 17-1001
Right to bring action§ 17-1002
Proper plaintiff§ 17-1003
Complaint§ 17-1004
Expenses§ 17-101
Definitions§ 17-102
Name set forth in certificate§ 17-103
Reservation of name§ 17-108
Indemnification