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WEST VIRGINIA CODE
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WVC 31 B- 11 -1102 §31B-11-1102. Proper plaintiff.
In a derivative action for a limited liability company, the plaintiff must be a member of the company when the action is commenced; and:

(1) Must have been a member at the time of the transaction of which the plaintiff complains; or

(2) The plaintiff's status as a member must have devolved upon the plaintiff by operation of law or pursuant to the terms of the operating agreement from a person who was a member at the time of the transaction.

Note: WV Code updated with legislation passed through the 2013 1st Special Session
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