§ 56a-405 — Actions by partnership and partners

Kansas § 56a-405

• Jurisdiction: Kansas
• Ch. 56a: KANSAS UNIFORM PARTNERSHIP ACT
• Art. 4: RELATIONS OF PARTNERS TO EACH OTHER AND TO PARTNERSHIP

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(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 K.S.A. 56a-401, 56a-403 or 56a-404;
(ii) the partner's right on dissociation to have the partner's interest in the partnership purchased pursuant to K.S.A. 56a-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 K.S.A. 56a-801 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.

Legislative History

L. 1998, ch. 93, § 24; January 1, 1999.