Clickable Image

     35-10-409. Remedies of partnership and partners. (1) A partnership may maintain an action against a partner for a breach of the partnership agreement or for the violation of a duty to the partnership that causes harm to the partnership.
     (2) A partner may maintain an action against the partnership or another partner for legal or equitable relief, including an accounting as to partnership business, to enforce:
     (a) a right under the partnership agreement;
     (b) a right under this chapter, including the partner's:
     (i) rights under 35-10-401 through 35-10-403 and 35-10-405;
     (ii) right on dissociation to have the partner's interest in the partnership purchased pursuant to 35-10-619 or enforce any other right under 35-10-616 through 35-10-623; or
     (iii) right to compel a dissolution and winding up of the partnership business under 35-10-624 or enforce any other right under 35-10-602, 35-10-609, and 35-10-624 through 35-10-629; or
     (c) the rights and otherwise protect the interests of the partner, including rights and interests arising independent of the partnership relationship.
     (3) The accrual of and any time limitation on a right of action for a remedy under this section is governed by other law. A right to an accounting upon a dissolution and winding up does not revive a claim barred by law.

     History: En. Sec. 30, Ch. 238, L. 1993.

Previous Section MCA Contents Part Contents Search Help Next Section