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



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



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