Proper plaintiff.

Del. Code tit. 6, § 17-1002
in effect
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In a derivative action, the plaintiff must be a partner or an assignee of a partnership interest at the time of bringing the action and: (1) At the time of the transaction of which the plaintiff complains; or (2) The plaintiff’s status as a partner or an assignee of a partnership interest had devolved upon the plaintiff by operation of law or pursuant to the terms of the partnership agreement from a person who was a partner or an assignee of a partnership interest at the time of the transaction.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title6/c017/sc10/index.htmlFetched: 10/4/2026

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