[§414-172]  Standing.  A shareholder may
not commence or maintain a derivative proceeding unless the shareholder:



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



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