§ 18-441-1301. Derivative action.  


Latest version.
  • DERIVATIVE ACTION.  A member may maintain a derivative action to enforce a right of a limited cooperative association if:

    (1)  The member demands that the association bring an action to enforce the right; and

    (2)  Any of the following occur:

    (A)the association does not, within ninety (90) days after the member makes the demand, agree to bring the action;

    (B)the association notifies the member that it has rejected the demand;

    (C)irreparable harm to the association would result by waiting ninety (90) days after the member makes the demand; or

    (D)the association agrees to bring an action demanded and fails to bring the action within a reasonable time.

Added by Laws 2009, c. 68, § 117, eff. Jan. 1, 2010.