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Neb. Rev. Stat. § 21-165

Derivative action

Applied in 2 court decisions — leading case Mathiesen v. Kellogg (2024)

Most recently applied in Mathiesen v. Kellogg (February 2024)

Laws 2010, LB888, § 65.

(RULLCA 902) 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 limited liability company, or the managers of a manager-managed limited liability company, requesting that they cause the company to bring an action to enforce the right, and the managers or other members do not bring the action within a reasonable time; or (2) a demand under subdivision (1) of this section would be futile.

Official source: Nebraska Legislature. Reproduced from public-domain Nebraska statutes; confirm against the official source for the current text. Not legal advice.