\nA shareholder may not commence or maintain a derivative proceeding unless the shareholder:\n(1) Was a shareholder of the corporation at the time of the act or omission complained of or became a shareholder through transfer by operation of law from one who was a shareholder at that time; and\n(2) Fairly and adequately represents the interests of the corporation in enforcing the right of the corporation. (1995, c. 149, s. 1.)
North Carolina Legal Code