[§414-172]  Standing.  A shareholder maynot commence or maintain a derivative proceeding unless the shareholder:

(1)  Was a shareholder of the corporation at the timeof the act or omission complained of or became a shareholder through transferby operation of law from one who was a shareholder at that time; and

(2)  Fairly and adequately represents the interests ofthe corporation in enforcing the right of the corporation. [L 2000, c 244, ptof §1]