35-12-1402. Proper plaintiff. A derivative action may be maintained only by a person that is a partner at the time the action is commenced and:
     (1) that was a partner when the conduct giving rise to the action occurred; or
     (2) whose status as a partner devolved by operation of law or pursuant to the terms of the partnership agreement from a person that was a partner at the time of the conduct.

     History: En. Sec. 60, Ch. 522, L. 1981; amd. Sec. 32, Ch. 268, L. 1997; amd. Sec. 79, Ch. 216, L. 2011.