Utah Code § 16-16-1302

Current through the 2024 Fourth Special Session
Section 16-16-1302 - Proper plaintiff
(1) A derivative action to enforce a right of a limited cooperative association may be maintained only by a person that:
(a) is a member or a dissociated member at the time the action is commenced and:
(i) was a member when the conduct giving rise to the action occurred; or
(ii) whose status as a member devolved upon the person by operation of law or the organic rules from a person that was a member at the time of the conduct; and
(b) adequately represents the interests of the association.
(2) If the sole plaintiff in a derivative action dies while the action is pending, the court may permit another member who meets the requirements of Subsection (1) to be substituted as plaintiff.

Utah Code § 16-16-1302

Enacted by Chapter 363, 2008 General Session.