A person shall not commence a derivative proceeding until:
(1) A demand in the form of a record has been delivered to the nonprofit corporation to take suitable action; and
(2) Ninety days have expired from the date the demand was effective unless:
(A) The person has earlier been notified that the demand has been rejected by the corporation; or
(B) Irreparable injury to the corporation would result by waiting for the expiration of the 90-day period.
(July 2, 2011, D.C. Law 18-378, § 2, 58 DCR 1720.)
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