Proper plaintiff.

Del. Code tit. 6, § 18-1002
in effect
Sign in to generate a plain English summaryAsk Belisarius Agent
In a derivative action, the plaintiff must be a member or an assignee of a limited liability company interest at the time of bringing the action and: (1) At the time of the transaction of which the plaintiff complains; or (2) The plaintiff’s status as a member or an assignee of a limited liability company interest had devolved upon the plaintiff by operation of law or pursuant to the terms of a limited liability company agreement from a person who was a member or an assignee of a limited liability company interest at the time of the transaction.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title6/c018/sc10/index.htmlFetched: 10/4/2026

Starting a business in Delaware? Delaware LLC guide: costs and requirements