Montana § 35-10-409 Remedies Of Partnership And Partners

Montana Statutes

§ 35-10-409 — Remedies Of Partnership And Partners

Montana § 35-10-409

Title 35CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS

Ch. 10PARTNERSHIPS IN GENERAL

Part 4Relation of Partners to Partnership and to One Another

This text of Montana § 35-10-409 (Remedies Of Partnership And Partners) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 35-10-409 (2026).

Text

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 u

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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.