South Dakota § 47-34A-1103 Proper plaintiff.

South Dakota Statutes

§ 47-34A-1103 — Proper plaintiff.

South Dakota·Title 47 CORPORATIONS·Ch. 47-34 UNIFORM LIMITED LIABILITY COMPANY ACT

(a)Except as otherwise provided in subsection (b), a derivative action under § 47-34A-1102 may be maintained only by a person that is a member at the time the action is commenced and remains a member while the action continues.

(b)If the sole plaintiff in a derivative action dies while the action is pending, the court may permit another member of the limited liability company to be substituted as plaintiff.

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(a) Except as otherwise provided in subsection (b), a derivative action under § 47-34A-1102 may be maintained only by a person that is a member at the time the action is commenced and remains a member while the action continues. (b) If the sole plaintiff in a derivative action dies while the action is pending, the court may permit another member of the limited liability company to be substituted as plaintiff.

South Dakota § 47-34A-1103 (Proper plaintiff.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Parker Stewart, imINDY, LLC, and its successors and assigns v. Plains Commerce Bank, Christopher Hamze, individually and as member of imINDY, LLC, member of Teelaunch LB, organizer & registered agent of Fantom DTG, LLC & organizer of Infinite Supply, LLC; Nicholas Hamze, individually and as organizer & registered agent of FYMCO, LLC, organizer of Fantom DTG, LLC and organizer & registered agent of Infinite Supply, LLC; Ted Hamze, Christopher Marbus, FYMCO, LLC, and its successors and assigns; Teelaunch LB, and its successors and assigns; Fantom DTG, LLC, and its successors and assigns; Infinite Supply, LLC, and its successors and assigns; and District Photo, and its successors and assigns.

(D. South Dakota, 2025)

Stewart v. Plains Commerce Bank

(D. South Dakota, 2025)