North Dakota Code 10-32.1-35 – Proper plaintiff
Current as of: 2023 | Check for updates
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1. Except as otherwise provided in subsection 2, a derivative action under section 10-32.1-34 may be maintained only by a person that is a member at the time the action is commenced and remains a member while the action continues.
Terms Used In North Dakota Code 10-32.1-35
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Plaintiff: The person who files the complaint in a civil lawsuit.
2. If the sole plaintiff in a derivative action dies while the action is pending, then the court may permit another member of the limited liability company to be substituted as plaintiff.