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HRS §428-1101

When a member can sue on behalf of the company

A member of a limited liability company can sue in the company's name if the people in charge refused to start the lawsuit, or if asking them would probably not work. This is called a derivative action.

The statute, as written — Right of action

A member of a limited liability company may maintain an action in the right of the company if the members or managers having authority to do so have refused to commence the action or an effort to cause those members or managers to commence the action is not likely to succeed.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.