{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/13.1-1043.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/13.1-1043.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/13.1-1043.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/13.1-1043.html"}],"law_id":346345,"edition_id":2,"section_id":346345,"structure_id":49736,"section_number":"13.1-1043","catch_line":"Proper plaintiff","history":"1991, c. 168.","full_text":"In a derivative action, the plaintiff shall be a member at the time of bringing the action and (i) shall have been a member at the time of the transaction of which he or it complains or (ii) his or its status as a member shall have devolved upon him or it by operation of law or pursuant to the terms of the articles of organization or an operating agreement from a person who was a member at the time of the transaction.\n\n","order_by":null,"text":{"0":{"id":1291089,"text":"In a derivative action, the plaintiff shall be a member at the time of bringing the action and (i) shall have been a member at the time of the transaction of which he or it complains or (ii) his or its status as a member shall have devolved upon him or it by operation of law or pursuant to the terms of the articles of organization or an operating agreement from a person who was a member at the time of the transaction.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":49736,"edition_id":2,"name":"Derivative Actions","identifier":"8","label":"article","depth":3,"order_by":8,"parent_id":49728,"metadata":{"child_laws":4,"child_structures":0},"date_created":"2026-08-02 02:14:08","date_modified":"2026-08-02 12:29:19","permalink":{"id":1375935,"object_type":"structure","relational_id":49736,"identifier":"8","token":"13.1\/12\/8","url":"\/13.1\/12\/8\/","edition_id":2,"permalink":0,"preferred":1}},{"id":49728,"edition_id":2,"name":"Virginia Limited Liability Company Act","identifier":"12","label":"chapter","depth":2,"order_by":15,"parent_id":49726,"metadata":{"child_laws":156,"child_structures":16},"date_created":"2026-08-02 02:14:01","date_modified":"2026-08-02 12:29:18","permalink":{"id":1375353,"object_type":"structure","relational_id":49728,"identifier":"12","token":"13.1\/12","url":"\/13.1\/12\/","edition_id":2,"permalink":0,"preferred":1}},{"id":49726,"edition_id":2,"name":"Corporations","identifier":"13.1","label":"title","depth":1,"order_by":44,"parent_id":null,"metadata":{"child_laws":894,"child_structures":104},"date_created":"2026-08-02 02:14:01","date_modified":"2026-08-02 12:29:04","permalink":{"id":1374495,"object_type":"structure","relational_id":49726,"identifier":"13.1","token":"13.1","url":"\/13.1\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":346344,"structure_id":49736,"section_number":"13.1-1042","catch_line":"Right of action; standing; condition precedent; stay of proceeding","url":"\/13.1-1042\/","token":"13.1\/12\/8\/13.1-1042","metadata":false},{"id":346345,"structure_id":49736,"section_number":"13.1-1043","catch_line":"Proper plaintiff","url":"\/13.1-1043\/","token":"13.1\/12\/8\/13.1-1043","metadata":false},{"id":346346,"structure_id":49736,"section_number":"13.1-1044","catch_line":"Pleading","url":"\/13.1-1044\/","token":"13.1\/12\/8\/13.1-1044","metadata":false},{"id":346347,"structure_id":49736,"section_number":"13.1-1045","catch_line":"Expenses","url":"\/13.1-1045\/","token":"13.1\/12\/8\/13.1-1045","metadata":false}],"previous_section":{"id":346344,"structure_id":49736,"section_number":"13.1-1042","catch_line":"Right of action; standing; condition precedent; stay of proceeding","url":"\/13.1-1042\/","token":"13.1\/12\/8\/13.1-1042","metadata":false},"next_section":{"id":346346,"structure_id":49736,"section_number":"13.1-1044","catch_line":"Pleading","url":"\/13.1-1044\/","token":"13.1\/12\/8\/13.1-1044","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/13.1-1043\/","history_text":"

This law was first created in 1991. The record of its establishment is cataloged in chapter 168 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1991 \u201cActs\u201d aren\u2019t available online.<\/p>","references":[{"id":346344,"section_number":"13.1-1042","catch_line":"Right of action; standing; condition precedent; stay of proceeding","order_by":null,"url":"\/13.1-1042\/"}],"refers_to":false,"permalink":{"id":1375941,"object_type":"law","relational_id":346345,"identifier":"13.1-1043","token":"13.1\/12\/8\/13.1-1043","url":"\/13.1-1043\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/13.1-1043\/","token":"13.1\/12\/8\/13.1-1043","dublin_core":{"Title":"Proper plaintiff","Type":"Text","Format":"text\/html","Identifier":"\u00a7 13.1-1043","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

In a derivative action, the plaintiff<\/span> shall be a member<\/span> at the time of bringing the action and (i) shall have been a member<\/span> at the time of the transaction of which he or it complains or (ii) his or its status as a member<\/span> shall have devolved upon him or it by operation of law<\/span> or pursuant to the terms of the articles of organization<\/span> or an operating agreement<\/span> from a person<\/span> who was a member<\/span> at the time of the transaction.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROPER PLAINTIFF (\u00a7 13.1-1043)\n\nIn a derivative action, the plaintiff shall be a member at the time of bringing\nthe action and (i) shall have been a member at the time of the transaction of\nwhich he or it complains or (ii) his or its status as a member shall have\ndevolved upon him or it by operation of law or pursuant to the terms of the\narticles of organization or an operating agreement from a person who was a\nmember at the time of the transaction.\n\nHISTORY: 1991, c. 168.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}