PARTNERSHIP
CHAPTER 2
UNIFORM LIMITED PARTNERSHIP ACT
PART 10
ACTIONS BY PARTNERS
53-2-1003. 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 upon the person 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.