Section 1302 - Proper plaintiff.

UT Code § 16-16-1302 (2019) (N/A)

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(1) A derivative action to enforce a right of a limited cooperative association may be maintained only by a person that: (a) is a member or a dissociated member at the time the action is commenced and: (i) was a member when the conduct giving rise to the action occurred; or (ii) whose status as a member devolved upon the person by operation of law or the organic rules from a person that was a member at the time of the conduct; and (b) adequately represents the interests of the association.

(a) is a member or a dissociated member at the time the action is commenced and: (i) was a member when the conduct giving rise to the action occurred; or (ii) whose status as a member devolved upon the person by operation of law or the organic rules from a person that was a member at the time of the conduct; and

(i) was a member when the conduct giving rise to the action occurred; or

(ii) whose status as a member devolved upon the person by operation of law or the organic rules from a person that was a member at the time of the conduct; and

(b) adequately represents the interests of the association.

(2) If the sole plaintiff in a derivative action dies while the action is pending, the court may permit another member who meets the requirements of Subsection (1) to be substituted as plaintiff.

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Section 1301 - Derivative action.

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