There is a newer version of the Utah Code
2011 Utah Code
Title 48 Partnership
Chapter 2c Utah Revised Limited Liability Company Act
Section 1701 (Repealed 07/01/12) Right of action.
48-2c-1701 (Repealed 07/01/12). Right of action.A member may bring an action in the right of a company to recover a judgment in its favor:
(1) if the managers or, if no managers, the members with authority to do so have refused to bring the action and the decision of the managers or members not to sue constitutes an abuse of discretion or involves a conflict of interest that prevents an unbiased exercise of judgment; or
(2) if an effort to cause those managers or members to bring the action is not likely to succeed.
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