(1) Except as otherwise provided in subsection (2) of this section, a derivative action under section 30-6-902 , Idaho Code, may be maintained only by a person that is a member at the time the action is commenced and remains a member while the action continues. (2) If the sole plaintiff in a derivative action dies while the action is pending, the court may permit another member of the limited liability company to be substituted as plaintiff.
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