Section 1706.611 - Member standing for derivative action(A) A member may commence or maintain a derivative action in the right of the limited liability company only if the member meets both of the following conditions: (1) The member fairly and adequately represents the interests of the limited liability company in enforcing the right of the limited liability company.(2) The member either: (a) Was a member of the limited liability company at the time of the act or omission of which the member complains;(b) Acquired a membership interest through assignment by operation of law from a person who was a member at the time of the act or omission of which the member complains.(B) A member associated with a series of a limited liability company may commence or maintain a derivative action in the right of the series only if the member meets both of the following conditions: (1) The member fairly and adequately represents the interests of the series in enforcing the right of the series.(2) The member either: (a) Was associated with the series at the time of the act or omission of which the member complains;(b) Acquired a membership interest through assignment by operation of law from a person who was a member associated with the series at the time of the act or omission of which the member complains. Added by 133rd General Assembly, SB 276,§1, eff. 4/12/2021.