Derivative action
N.D. Cent. Code § 10-32.1-34
in effect10-32.1-34. Derivative action
A member may maintain a derivative action to enforce a right of a limited liability company if:
1. The member first makes a demand on the other members in a member-managed or
board-managed limited liability company, the managers of a manager-managed limited
liability company, or the board of governors of a board-managed limited liability
company requesting that they cause the company to bring an action to enforce the
right, and the member, manager, or board does not bring the action within a
reasonable time; or
2. A demand under subsection 1 would be futile.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t10c32-1.pdf#nameddest=10-32p1-34Fetched: 10/16/2026