29-3803. Proper plaintiff

A person may maintain a derivative action to enforce a right of a limited liability company only if the person is a member at the time the action is commenced and either:

1. The person was a member when the conduct giving rise to the action occurred.

2. The person's status as a member devolved on the person by operation of law or pursuant to the terms of the operating agreement from another person that was a member at the time of the conduct.