68.   Derivative Action. A member may maintain a derivative action to enforce a right of a limited liability company if:
 
   a.   the member first makes a demand on the other members in a member-managed limited liability company, or the managers of a manager-managed limited liability company, requesting that they cause the company to bring an action to enforce the right, and the managers or other members do not bring the action within a reasonable time; or
 
   b.   A demand under subsection a. of this section would be futile.
 
   L.2012, c.50, s.68.