Illinois Code § 805 ILCS 215/1003

Proper plaintiff.
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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 upon the 
 
person 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. 

to the action occurred; or
person 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.

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