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Section 79-29-1103 - Proper plaintiff — Mississippi Law | CourtGPT
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  4. Title 79 - Corporations, Associations, and Partnerships/
  5. Chapter 29 - Revised Mississippi Limited Liability Company Act/
  6. Article 11 - Derivative Actions/
  7. Section 79-29-1103 - Proper plaintiff
Mississippi Legal Code

Section 79-29-1103 - Proper plaintiff

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In a derivative action, the plaintiff must be a member or an owner of a financial interest at the time of bringing the action and:(a) At the time of the transaction of which the plaintiff complains; or(b) The plaintiff's status as a member or an owner of a financial interest had devolved upon the plaintiff by operation of law or pursuant to the terms of an operating agreement from a person who was a member or an owner of a financial interest at the time of the transaction.A plaintiff may not commence or maintain a derivative proceeding unless the plaintiff fairly and adequately represents the interests of the limited liability company in enforcing the right of the limited liability company.Laws, 1994, ch. 402, § 79; Laws, 2010, ch. 532, § 1, eff. 1/1/2011.