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



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



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