[§425E-1003]  Proper plaintiff.  A derivative action may be maintained only by a person that is a partner at the time the action is commenced and:

     (1)  That was a partner when the conduct giving rise to the action occurred; or

     (2)  Whose status as a partner devolved upon the person by operation of law or pursuant to the terms of the partnership agreement from a person that was a partner at the time of the conduct. [L 2003, c 210, pt of §1]