Del. Code tit. 6 § 18-1002 : COMMERCE AND TRADE — OTHER LAWS RELATING TO COMMERCE AND TRADE — LIMITED LIABILITY COMPANY ACT — DERIVATIVE ACTIONS —1002 - Proper plaintiff

In a derivative action, the plaintiff must be a member or an assignee of a limited liability company interest at the time of bringing the action and:

(1) At the time of the transaction of which the plaintiff complains; or
(2) The plaintiff's status as a member or an assignee of a limited liability company interest had devolved upon the plaintiff by operation of law or pursuant to the terms of a limited liability company agreement from a person who was a member or an assignee of a limited liability company interest at the time of the transaction.

6 Del. C. § 18-1002

68 Del. Laws, c. 434, §1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 341, § 17.;