Public-domain · open source
OpenJurist

W. Va. Code § 31B-11-1102

Proper plaintiff

Known as the Uniform Limited Liability Company Act

The act spans §§ 31B-10-1001 to 31B-9-907 (94 sections).

In a derivative action for a limited liability company, the plaintiff must be a member of the company when the action is commenced; and:

(1) Must have been a member at the time of the transaction of which the plaintiff complains; or

(2) The plaintiff's status as a member must have devolved upon the plaintiff by operation of law or pursuant to the terms of the operating agreement from a person who was a member at the time of the transaction.

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