35-2-1301 . Standing. (1) For purposes of this part, "derivative proceeding" means a civil suit in the right of a domestic corporation or, to the extent provided in 35-2-1307 , in the right of a foreign corporation. (2) A derivative proceeding may be commenced or maintained by a complainant who is: (a) a director at the time of the bringing of the proceeding; or (b) a member or members having 5% or more of the voting power or by 50 members, whichever is less. Each member must be a member at the time of the proceeding, including the time of the complained act or omission.
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