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

(1) Shall have been a member at the time of the transaction of which the plaintiff complains; or

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Terms Used In Hawaii Revised Statutes 428-1102

(2) The plaintiff’s status as a member shall 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.