Utah Code 16-16-1302. Proper plaintiff
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(1) A derivative action to enforce a right of a limited cooperative association may be maintained only by a person that:
Terms Used In Utah Code 16-16-1302
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Plaintiff: The person who files the complaint in a civil lawsuit.
(1)(a) is a member or a dissociated member at the time the action is commenced and:(1)(a)(i) was a member when the conduct giving rise to the action occurred; or(1)(a)(ii) whose status as a member devolved upon the person by operation of law or the organic rules from a person that was a member at the time of the conduct; and(1)(b) adequately represents the interests of the association.
(2) If the sole plaintiff in a derivative action dies while the action is pending, the court may permit another member who meets the requirements of Subsection (1) to be substituted as plaintiff.