Illinois Statutes
§ 40-5 — Proper plaintiff
Illinois § 40-5
JurisdictionIllinois
TopicBUSINESS AND EMPLOYMENT
Ch. 805BUSINESS ORGANIZATIONS
Act 805 ILCS 180/Limited Liability Company Act.
Art.Article 40 - Derivative Actions
This text of Illinois § 40-5 (Proper plaintiff) is published on Counsel Stack Legal Research, covering Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
805 Ill. Comp. Stat. 40-5 (2026).
Text
No action shall be brought in the right of a limited liability company by a member or transferee who is a substituted member, unless (i) the plaintiff was a member or is a transferee who was a substituted member at the time of the transaction of which the person complains or (ii) the person's status as a member or a transferee who is a substituted member had devolved upon him or her by operation of law or under the terms of the operating agreement from a person who was a member or a transferee who was a substituted member at the time of the transaction.
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Legislative History
(Source: P.A. 90-424, eff. 1-1-98.)
Nearby Sections
13
§ 40
§ 40§ 40-1
Right of action§ 40-10
Pleading§ 40-15
Expenses§ 40-5
Proper plaintiff§ 406
§ 406§ 407
§ 407Cite This Page — Counsel Stack
Bluebook (online)
Illinois § 40-5, Counsel Stack Legal Research, https://law.counselstack.com/statute/il/805/40-5.