Ohio § 1706.611 Member standing for derivative action

Ohio Statutes

§ 1706.611 — Member standing for derivative action

Ohio § 1706.611

Title 17Corporations-Partnerships

Ch. 1706Ohio Revised Limited Liability Company Act

This text of Ohio § 1706.611 (Member standing for derivative action) is published on Counsel Stack Legal Research, covering Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ohio Rev. Code Ann. § 1706.611 (2026).

Text

(A)A member may commence or maintain a derivative action in the right of the limited liability company only if the member meets both of the following conditions:

(1)The member fairly and adequately represents the interests of the limited liability company in enforcing the right of the limited liability company.

(2)The member either:

(a)Was a member of the limited liability company at the time of the act or omission of which the member complains;

(b)Acquired a membership interest through assignment by operation of law from a person who was a member at the time of the act or omission of which the member complains.

(B)A member associated with a series of a limited liability company may commence or maintain a derivative action in the right of the series only if the member meets both

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(A) A member may commence or maintain a derivative action in the right of the limited liability company only if the member meets both of the following conditions:

(1) The member fairly and adequately represents the interests of the limited liability company in enforcing the right of the limited liability company.

(2) The member either:

(a) Was a member of the limited liability company at the time of the act or omission of which the member complains;

(b) Acquired a membership interest through assignment by operation of law from a person who was a member at the time of the act or omission of which the member complains.

(B) A member associated with a series of a limited liability company may commence or maintain a derivative action in the right of the series only if the member meets both of the following conditions:

(1) The member fairly and adequately represents the interests of the series in enforcing the right of the series.

(2) The member either:

(a) Was associated with the series at the time of the act or omission of which the member complains;

(b) Acquired a membership interest through assignment by operation of law from a person who was a member associated with the series at the time of the act or omission of which the member complains.