N.D. Cent. Code § 45-10.2-91: (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.