A member of a limited liability company may maintain an action in the right of the company if the members or managers having authority to do so have refused to commence the action or an effort to cause those members or managers to commence the action is not likely to succeed.
S.C. Code Ann. § 33-44-1101
Right of action
Known as the South Carolina Uniform Limited Liability Company Act
The act spans §§ 33–33 (94 sections).
Applied in 2 court decisions — leading case Wp Church, LLC v. Whalen (2026)
Most recently applied in Wp Church, LLC v. Whalen (February 2026)
1996 Act No. 343, SECTION 2.
Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.