South Dakota Codified Laws 47-14A-73. Qualifications of plaintiff in derivative action
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In a derivative action, the plaintiff must be a beneficial owner at the time of bringing the action and:
(1) At the time of the transaction of which the plaintiff complains; or
Terms Used In South Dakota Codified Laws 47-14A-73
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Plaintiff: The person who files the complaint in a civil lawsuit.
(2) Plaintiff‘s status as a beneficial owner had devolved upon plaintiff by operation of law or pursuant to the terms of the governing instrument of the business trust from a person who was a beneficial owner at the time of the transaction.
Source: SL 2001, ch 245, § 73.