West Virginia Statutes

§ 31B-11-1102 — Proper plaintiff

West Virginia § 31B-11-1102
JurisdictionWest Virginia
Ch. 31BUNIFORM LIMITED LIABILITY COMPANY ACT
Art. 11DERIVATIVE ACTIONS

This text of West Virginia § 31B-11-1102 (Proper plaintiff) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
W. Va. Code § 31B-11-1102 (2026).

Text

In a derivative action for a limited liability company, the plaintiff must be a member of the company when the action is commenced; and:

(1)Must have been a member at the time of the transaction of which the plaintiff complains; or
(2)The plaintiff's status as a member must have devolved upon the plaintiff by operation of law or pursuant to the terms of the operating agreement from a person who was a member at the time of the transaction.

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Legislative History

1996 Reg. Sess., SB338

Nearby Sections

15
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Bluebook (online)
West Virginia § 31B-11-1102, Counsel Stack Legal Research, https://law.counselstack.com/statute/wv/31B/31B-11-1102.