In a derivative action, the plaintiff must be a partner when the plaintiff brings the action and:

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Terms Used In Oregon Statutes 70.405

  • Partner: means a limited or general partner. See Oregon Statutes 70.005
  • Person: means an individual, partnership, limited partnership (domestic or foreign), association or corporation. See Oregon Statutes 70.005
  • Plaintiff: The person who files the complaint in a civil lawsuit.

(1) The plaintiff must have been a partner at the time of the transaction of which the plaintiff complains; or

(2) The plaintiff’s status as a partner must have devolved upon the plaintiff from a person who was a partner at the time of the transaction. [1985 c.677 § 58]