[§414-173]  Demand.  No shareholder maycommence a derivative proceeding until:

(1)  A written demand has been made upon thecorporation to take suitable action; and

(2)  Ninety days have expired from the date the demandwas made unless the shareholder has earlier been notified that the demand hasbeen rejected by the corporation or unless irreparable injury to thecorporation would result by waiting for the expiration of the ninety-dayperiod. [L 2000, c 244, pt of §1]