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2025 Delaware Code
Title 6 - Commerce and Trade
Chapter 17. LIMITED PARTNERSHIPS
Subchapter X. Derivative Actions
§ 17-1002. Proper plaintiff.
Universal Citation:
6 DE Code § 17-1002 (2025)
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§ 17-1002. Proper plaintiff. 6 Del. C. 1953, § 1732; 59 Del. Laws, c. 105, § 1; 63 Del. Laws, c. 420, § 1; 65 Del. Laws, c. 188, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 340, § 18;
In a derivative action, the plaintiff must be a partner or an assignee of a partnership interest at the time of bringing the action and:
(1) At the time of the transaction of which the plaintiff complains; or
(2) The plaintiff's status as a partner or an assignee of a partnership interest had devolved upon the plaintiff by operation of law or pursuant to the terms of the partnership agreement from a person who was a partner or an assignee of a partnership interest at the time of the transaction.
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