Mich. Comp. Laws » Michigan Compiled Laws / Chapter 449 / Act 213 of 1982
Michigan Compiled Laws

Mich. Comp. Laws § 449.2002 (2026)

Status of plaintiff in derivative action.

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MICHIGAN REVISED UNIFORM LIMITED PARTNERSHIP ACT


Act 213 of 1982


449.2002 Status of plaintiff in derivative action.

Sec. 1002.

    In a derivative action, the plaintiff must be a partner at the time of bringing the action and (1) at the time of the transaction of which the plaintiff complains or (2) his or her status as a partner had devolved upon him or her 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.

History: 1982, Act 213, Eff. Jan. 1, 1983

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2015–2022 · leading case: Patrick J McCourt v. Kenneth C Fowler, No. 319926 (Mich. Ct. App. May 12, 2015).
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Patrick J McCourt v. Kenneth C Fowler, No. 319926 (Mich. Ct. App. May 12, 2015). · cites it 12× “Defendants argued that RULPA prohibited plaintiff’s suit, because MCL 449.2002 prohibits a party from bringing a derivative action on behalf of a limited partnership if the party is not a partner at both the time of the alleged wrongdoing and the time of the filing of the…”
Patrick J McCourt v. Kenneth C Fowler, No. 319772 (Mich. Ct. App. May 12, 2015). · cites it 12× “Defendants argued that RULPA prohibited plaintiff’s suit, because MCL 449.2002 prohibits a party from bringing a derivative action on behalf of a limited partnership if the party is not a partner at both the time of the alleged wrongdoing and the time of the filing of the…”
Patrick J McCourt v. Kenneth C Fowler, No. 330766 (Mich. Ct. App. Mar. 30, 2017). · cites it 2× “MCL 449.2002 provides that in order for someone to sustain such a derivative action on behalf of a limited partnership, the plaintiff, among other things, “must be a partner at the time of bringing the action.”
Patrick J McCourt v. Kenneth C Fowler, No. 330766 (Mich. Ct. App. Mar. 30, 2017). · cites it 2× “MCL 449.2002 provides that in order for someone to sustain such a derivative action on behalf of a limited partnership, the plaintiff, among other things, “must be a partner at the time of bringing the action.”
Thomas P Corr Revocable Trust Agreement v. Patrick F Corr, No. 356236 (Mich. Ct. App. May 12, 2022). · cites it 2× “2001 and MCL 449.2002 explicitly allow for a limited partner to bring derivative claims on behalf of the limited partnership.”
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