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N.D. Cent. Code § 10-32.1-34

Derivative action

Known as the North Dakota Uniform Limited Liability Company Act

The act spans §§ 10–10 (103 sections).

A member may maintain a derivative action to enforce a right of a limited liability company if:

1. The member first makes a demand on the other members in a member-managed or board-managed limited liability company, the managers of a manager-managed limited liability company, or the board of governors of a board-managed limited liability company requesting that they cause the company to bring an action to enforce the right, and the member, manager, or board does not bring the action within a reasonable time; or 2. A demand under subsection 1 would be futile.

Official source: North Dakota Legislative Branch. Reproduced from public-domain North Dakota statutes; confirm against the official source for the current text. Not legal advice.