Utah § 16-16-1302 Proper plaintiff.

Utah Statutes

§ 16-16-1302 — Proper plaintiff.

Utah·Title 16 Corporations·Ch. 16-16 Uniform Limited Cooperative Association Act·Part 16-16-13 Action by Member

(1)A derivative action to enforce a right of a limited cooperative association may be maintained only by a person that:

(1)(a) is a member or a dissociated member at the time the action is commenced and:

(1)(a)(i) was a member when the conduct giving rise to the action occurred; or

(1)(a)(ii) whose status as a member devolved upon the person by operation of law or the organic rules from a person that was a member at the time of the conduct; and

(1)(b) adequately represents the interests of the association.

(2)If the sole plaintiff in a derivative action dies while the action is pending, the court may permit another member who meets the requirements of Subsection (1) to be substituted as plaintiff.

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(1) A derivative action to enforce a right of a limited cooperative association may be maintained only by a person that:

(1)(a) is a member or a dissociated member at the time the action is commenced and:
(1)(a)(i) was a member when the conduct giving rise to the action occurred; or
(1)(a)(ii) whose status as a member devolved upon the person by operation of law or the organic rules from a person that was a member at the time of the conduct; and
(1)(b) adequately represents the interests of the association.
(2) If the sole plaintiff in a derivative action dies while the action is pending, the court may permit another member who meets the requirements of Subsection (1) to be substituted as plaintiff.

Utah § 16-16-1302 (Proper plaintiff.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.