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2010 West Virginia Code
CHAPTER 31B. UNIFORM LIMITED LIABILITY COMPANY ACT
ARTICLE 11. DERIVATIVE ACTIONS.
§31B-11-1102. Proper plaintiff.

§31B-11-1102. Proper plaintiff.
In a derivative action for a limited liability company, the plaintiff must be a member of the company when the action is commenced; and:

(1) Must have been a member at the time of the transaction of which the plaintiff complains; or

(2) The plaintiff's status as a member must have devolved upon the plaintiff by operation of law or pursuant to the terms of the operating agreement from a person who was a member at the time of the transaction.

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