16-16-1302 - Proper plaintiff.
16-16-1302. Proper plaintiff.
(1) A derivative action to enforce a right of a limited cooperative association may bemaintained only by a person that:
(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 theorganic 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 courtmay permit another member who meets the requirements of Subsection (1) to be substituted asplaintiff.
Enacted by Chapter 363, 2008 General Session