What is one requirement for making a demand in a shareholder derivative suit?

In a shareholder derivative suit, a key requirement for making a demand is that the demand must usually be made on the corporation and then, typically, a period must pass to allow the corporation the opportunity to act on that demand before the shareholder can initiate a lawsuit. This is often codified in state corporate laws and is designed to give the board the chance to address the wrongdoing without court intervention.

The requirement for a waiting period, often referred to as having to wait at least 90 days after the demand is made, ensures that the board has an adequate opportunity to respond to the allegations presented and potentially remedy the situation. If the board fails to act or respond satisfactorily within that timeframe, the shareholder may proceed with filing the derivative suit. This mechanism aligns with the principle of allowing the corporation to manage its own affairs while still providing a recourse for shareholders in cases of perceived misconduct.

The other options relate to aspects of making a demand or the nature of the demand itself but do not address the essential waiting period that provides the board with the opportunity to act, which is crucial in the context of a derivative suit.