Property Rights of a Partner

Law Journals and Reviews

Inter-Relationships of Partners and Property Rights of Partners Under the UPA, 9 HBJ 88.

[§425-124] Extent of property rights of a partner. [Repealed July 1, 2000. For new provision, see below.] The property rights of a partner are (1) the partner's rights in specific partnership property, (2) the partner's interest in the partnership, and (3) the partner's right to participate in the management. [L 1972, c 17, §24; gen ch 1985]

 

§425-124 Actions by partnership and partners. [Section effective July 1, 2000. For present provision, see above.] (a) 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, causing harm to the partnership.

(b) A partner may maintain an action against the partnership or another partner for legal or equitable relief, with or without an accounting as to partnership business, to:

(1) Enforce the partner's rights under the partnership agreement;

(2) Enforce the partner's rights under this part, including:

(A) The partner's rights under section 425-120, 425-122, or 425-123;

(B) The partner's right on dissociation to have the partner's interest in the partnership purchased pursuant to section 425-133 or enforce any other right under sections 425-130 to 425-132 or sections 425-133 to 425-137; or

(C) The partner's right to compel a dissolution and winding up of the partnership business or enforce any other right under sections 425-138 to 425-144; or

(3) Enforce the rights and otherwise protect the interests of the partner, including rights and interests arising independently of the partnership relationship.

(c) 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. [L 1999, c 284, pt of §1]