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2018 Georgia Code 14-9-1002 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 14-9-1002 Case Law from Google Scholar Amendments to OCGA 14-9-1002

TITLE 14 CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS

Section 9. Revised Uniform Limited Partnership Act, 14-9-100 through 14-9-1204.

ARTICLE 10 DERIVATIVE ACTIONS

14-9-1002. Requirements for plaintiff.

Except to the extent provided by the partnership agreement, in a derivative action, the plaintiff must be a partner at the time of bringing the action and:

  1. Must have been a partner at the time of the transaction of which he complains; or
  2. His status as a partner must have devolved upon him by operation of law or pursuant to the terms of the partnership agreement from a person who was a partner at the time of the transaction.

(Code 1981, §14-9-1002, enacted by Ga. L. 1988, p. 1016, § 1.)

COMMENT

Note to Georgia Revised Uniform Limited Partnership Act This section sets forth rules regarding who may bring a derivative action.

Prior Georgia Law There is no provision under prior Georgia law for limited partner derivative actions.

Comparison With Official RULPA Introductory language has been added to the official version that empowers the partners to provide in the partnership agreement for suit by assignees, non-contemporaneous partners or others.

Cross-Reference Limited partner derivative suits permitted: § 14-9-1001.

RESEARCH REFERENCES

Am. Jur. 2d.

- 59A Am. Jur. 2d, Partnership, § 873 et seq.

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