SEC. 79-13-405. Actions by partnership and partners.
(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 act, including:
(i) The partner's rights under Sections 79-13-401, 79-13-403, or 79-13-404;
(ii) The partner's right on dissociation to have the partner's interest in the partnership purchased pursuant to Section 79-13-701 or enforce any other right under Article 6 or 7; or
(iii) The partner's right to compel a dissolution and winding up of the partnership business under or enforce any other right under Article 8; 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.
SOURCES: Laws, 2004, ch. 458, § 405, SB 2504, eff from and
after Jan. 1, 2005.
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