Del. Code tit. 6 § 17-1002 : COMMERCE AND TRADE — OTHER LAWS RELATING TO COMMERCE AND TRADE — LIMITED PARTNERSHIPS — DERIVATIVE ACTIONS —1002 - Proper plaintiff

In a derivative action, the plaintiff must be a partner or an assignee of a partnership 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 partner or an assignee of a partnership interest had devolved upon the plaintiff by operation of law or pursuant to the terms of the partnership agreement from a person who was a partner or an assignee of a partnership interest at the time of the transaction.

6 Del. C. § 17-1002

6 Del. C. 1953, § 1732; 59 Del. Laws, c. 105, § 1; 63 Del. Laws, c. 420, §1; 65 Del. Laws, c. 188, §1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 340, § 18.;