In a derivative action, the plaintiff must be a partner at the time of bringing the action and:

(1) At the time of the transaction of which he complains; or

Terms Used In Missouri Laws 359.581

  • Partner: a limited or general partner. See Missouri Laws 359.011
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: a natural person, partnership, limited partnership (domestic or foreign), domestic or foreign limited liability company, trust, estate, association, or corporation. See Missouri Laws 359.011
  • Plaintiff: The person who files the complaint in a civil lawsuit.

(2) His status as a partner had devolved upon him by operation of law or pursuant to the terms of the partnership agreement from a person who was a partner at the time of the transaction.