N.D. Cent. Code § 10-32.1-35 : — CORPORATIONS32.1 - UNIFORM LIMITED LIABILITY COMPANY ACT —32.1-35 - Proper plaintiff TEXT PDF 1. Except as otherwise provided in subsection 2, a derivative action under section 10-32.1-34 may be maintained only by a person that is a member at the time the action is commenced and remains a member while the action continues. 2. If the sole plaintiff in a derivative action dies while the action is pending, then the court may permit another member of the limited liability company to be substituted as plaintiff. N.D.C.C. § 10-32.1-35 Added by S.L. 2015, ch. 87 (HB 1136),§ 19, eff. 7/1/2015.