Section 54-2A-1004 – Pleading.
In a derivative action, the complaint must state with particularity: A. the date and content of plaintiff’s demand and the general partners’ response to the demand; or B. why demand should be excused as futile. History: Laws 2007, ch. 129, § 1004. ANNOTATIONS Effective dates. — Laws 2007, ch. 129, § 1208 made the section […]
Section 54-2A-1005 – Proceeds and expenses.
A. Except as otherwise provided in Subsection B of this section: (1) any proceeds or other benefits of a derivative action, whether by judgment, compromise or settlement, belong to the limited partnership and not to the derivative plaintiff; and (2) if the derivative plaintiff receives any proceeds, the derivative plaintiff shall immediately remit them to […]
Section 54-2A-1001 – Direct action by partner.
A. Subject to Subsection B of this section, a partner may maintain a direct action against the limited partnership or another partner for legal or equitable relief, with or without an accounting as to the partnership’s activities, to enforce the rights and otherwise protect the interests of the partner, including rights and interests pursuant to […]
Section 54-2A-1002 – Derivative action.
A partner may maintain a derivative action to enforce a right of a limited partnership if: A. the partner first makes a demand on the general partners, requesting that they cause the limited partnership to bring an action to enforce the right, and the general partners do not bring the action within a reasonable time; […]
Section 54-2A-1003 – Proper plaintiff.
A derivative action may be maintained only by a person that is a partner at the time the action is commenced and: A. that was a partner when the conduct giving rise to the action occurred; or B. whose status as a partner devolved upon the person by operation of law or pursuant to the […]