Utah Code § 16-20-803
Proper plaintiff
Utah · Utah Code Title 16 — Business Entities · Status: effective
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- Citation
- Utah Code § 16-20-803, Proper plaintiff, Utah, version 1 as recorded 2026-10-03, yourstate.us, https://yourstate.us/provision/2328644
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Full text
A derivative action to enforce a right of a limited liability company may be maintained only by a person that is a member at the time the action is commenced and:
(1) was a member when the conduct giving rise to the action occurred; or
(2) whose status as a member devolved on the person by operation of law or in accordance with the terms of the operating agreement from a person that was a member at the time of the conduct.