A derivative proceeding may be brought either by any director or by any member or members having 5 percent or more of the voting power or by 50 members, whichever is less. A director or members may not commence or maintain a derivative proceeding unless the director or members:
(1) Was a director or were members of the corporation at the time of the act or omission complained of (or became a member through transfer by operation of law from one who was a member at that time); or is a director or are members at the time the proceeding is commenced; and
(2) Fairly and adequately represents the interests of the corporation in enforcing the right of the corporation.
Section: 14-3-740 14-3-741 14-3-742 14-3-743 14-3-744 14-3-745 14-3-746 14-3-747 NextLast modified: October 14, 2016