A limited partner may bring an action in the right of a limited partnership to recover a judgment in its favor to the same extent that a stockholder may bring an action for a derivative suit under the Stock Corporation Act, Chapter 9 (§ 13.1-601 et seq.) of Title 13.1. Such action may be brought if general partners with authority to do so have refused to bring the action or if an effort to cause those general partners to bring the action is not likely to succeed. The derivative action may not be maintained if it appears that the plaintiff does not fairly and adequately represent the interests of the limited partners and the partnership in enforcing the right of the partnership.
Va. Code Ann. § 50-73.62
Right of action
Known as the Virginia Revised Uniform Limited Partnership Act
The act spans §§ 50-73.1 to 50-73.9 (105 sections).
Applied in 2 court decisions — leading case Rogal v. Hughes (1994)
Most recently applied in McCall v. Telerent Leasing Corp. (In Re BICC Ltd. Partnership) (March 2008)
1985, c. 607.
Official source: Virginia Law Portal (LIS). Reproduced from public-domain Virginia statutes; confirm against the official source for the current text. Not legal advice.