Section 362.2-933 - Proper plaintiff(1) A derivative action may be maintained only by a person that is a partner at the time the action is commenced and:(a) That was a partner when the conduct giving rise to action occurred; or(b) Whose status as a partner devolved upon the person by operation of law or pursuant to the terms of the partnership agreement from a person that was a partner at the time of that conduct.(2) The derivative proceeding shall not be maintained if: (a) It appears that the person commencing the proceeding does not fairly and adequately represent the interests of the partners in enforcing the rights of the limited partnership; or(b) The person commencing the proceeding ceases to be a partner in the limited partnership.Amended by 2017 Ky. Acts ch. 193,§ 20, eff. 6/29/2017.Effective:7/12/2006
Created 2006, Ky. Acts ch. 149, sec. 173, effective7/12/2006.