KRS 362.2-933: Proper plaintiff.

(1) A derivative action may be maintained only by a person that is a partner at the

time the action is commenced and:

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

(b) 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 that conduct.

(2) The derivative proceeding shall not be maintained if:

(a) It appears that the person commencing the proceeding does not fairly

and adequately represent the interests of the partners in enforcing the

rights of the limited partnership; or

(b) The person commencing the proceeding ceases to be a partner in the

limited partnership.