WVC 47 - 9 - 57
§47-9-57. Proper plaintiff in derivative action.
In a derivative action, the plaintiff must be a partner at
the time of bringing the action and (1) at the time of the
transaction of which he complains or (2) his status as a partner
had devolved upon him by operation of law or pursuant to the
terms of the partnership agreement from a person who was a
partner at the time of the transaction.