West Virginia Statutes

§ 31B-11-1102 — Proper plaintiff

West Virginia·Ch. 31B UNIFORM LIMITED LIABILITY COMPANY ACT·Art. 11 DERIVATIVE ACTIONS

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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