[§425E-1003]  Proper plaintiff.  Aderivative action may be maintained only by a person that is a partner at thetime the action is commenced and:

(1)  That was a partner when the conduct giving riseto the action occurred; or

(2)  Whose status as a partner devolved upon theperson by operation of law or pursuant to the terms of the partnershipagreement from a person that was a partner at the time of the conduct. [L 2003,c 210, pt of §1]