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HRS §428-1102

Who can sue on behalf of an LLC

This section says who can start a lawsuit for a limited liability company (LLC). The person suing must be a member when the lawsuit starts. They must also have been a member when the problem happened, or have gotten their membership through law or the operating agreement.

courts

The statute, as written — Proper plaintiff

In a derivative action for a limited liability company, the plaintiff shall be a member of the company when the action is commenced, and: (1) Shall have been a member at the time of the transaction of which the plaintiff complains; or (2) The plaintiff's status as a member shall have devolved upon the plaintiff by operation of law or pursuant to the terms of the operating agreement from a person who was a member at the time of the transaction.
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.