Section 10-32.1-35 - Proper plaintiff1. Except as otherwise provided in subsection 2, a derivative action under section 10-32.1-34 may be maintained only by a person that is a member at the time the action is commenced and remains a member while the action continues.2. If the sole plaintiff in a derivative action dies while the action is pending, then the court may permit another member of the limited liability company to be substituted as plaintiff.Added by S.L. 2015, ch. 87 (HB 1136),§ 19, eff. 7/1/2015.