West Virginia Code § 31B-11-1102

Proper plaintiff
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In a derivative action for a limited liability company, the plaintiff must be a member of the
company when the action is commenced; and:
(1) Must have been a member at the time of the transaction of which the plaintiff complains;
or
(2) The plaintiff's status as a member must have devolved upon the plaintiff by operation of
law or pursuant to the terms of the operating agreement from a person who was a member
at the time of the transaction. u

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