[§425E-1002]  Derivative action.  A partner may maintain a derivative action to enforce a right of a limited partnership if:

     (1)  The partner first makes a demand on the general partners, requesting that they cause the limited partnership to bring an action to enforce the right, and the general partners do not bring the action within a reasonable time; or

     (2)  A demand would be futile. [L 2003, c 210, pt of §1]