| (1) |
A derivative action to enforce a right of a limited cooperative association may be maintained only by a person that:
Terms Used In Utah Code 16-16-1302- Person: means :Utah Code 68-3-12.5
- Plaintiff: The person who files the complaint in a civil lawsuit.
| (a) |
is a member or a dissociated member at the time the action is commenced and:
| (i) |
was a member when the conduct giving rise to the action occurred; or |
| (ii) |
whose status as a member devolved upon the person by operation of law or the organic rules from a person that was a member at the time of the conduct; and |
|
| (b) |
adequately represents the interests of the association. |
|
| (2) |
If the sole plaintiff in a derivative action dies while the action is pending, the court may permit another member who meets the requirements of Subsection (1) to be substituted as plaintiff. |
Enacted by Chapter 363, 2008 General Session
