North Carolina General Statutes § 55-7-41 Standing

A shareholder may not commence or maintain a derivative proceeding unless the shareholder:

(1)        Was a shareholder of the corporation at the time of the act or omission complained of or became a shareholder through transfer by operation of law from one who was a shareholder at that time; and

(2)        Fairly and adequately represents the interests of the corporation in enforcing the right of the corporation. (1995, c. 149, s. 1.)

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Last modified: March 23, 2014