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

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Terms Used In South Carolina Code 33-44-1102

  • Plaintiff: The person who files the complaint in a civil lawsuit.

(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.