1. Except as otherwise provided in subsection 2, aderivative action under section 489.802 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. Ifthe sole plaintiff in a derivative action dies while the action ispending, the court may permit another member of the limited liability company to be substituted as plaintiff. C2009, §489.903 C2024, §489.803
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