North Dakota Code 45-10.2-91 – (1003) Proper plaintiff
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A derivative action may be maintained only by a person that is a partner at the time the action is commenced and:
Terms Used In North Dakota Code 45-10.2-91
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
1. That was a partner when the conduct giving rise to the action occurred; or
2. Whose status as a partner devolved upon the person by operation of law or pursuant to the terms of the partnership agreement from a person that was a partner at the time of the conduct.