Title 14, Chapter 2, Section 742
( 14-2-742)
A shareholder may not commence a derivative proceeding until: (1) A written demand has been made upon the corporation to take
suitable action; and (2) Ninety days have expired from the date the demand was made
unless the shareholder has earlier been notified that the demand
has been rejected by the corporation or unless irreparable injury
to the corporation would result by waiting for the expiration of
the 90 day period. |