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A derivative action may be maintained only by a person that is a partner at the time the action is commenced and:
(1) that was a partner when the conduct giving rise to the action occurred; or
(2) whose status as a partner devolved by operation of law or pursuant to the terms of the partnership agreement from a person that was a partner at the time of the conduct.
Cite this article: FindLaw.com - Montana Title 35. Corporations, Partnerships, and Associations § 35-12-1402. Proper plaintiff - last updated April 27, 2021 | https://codes.findlaw.com/mt/title-35-corporations-partnerships-and-associations/mt-code-ann-sect-35-12-1402/
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