Montana § 35-12-1019 Person's Power To Dissociate As General Partner -- Wrongful Dissociation

Montana Statutes

§ 35-12-1019 — Person's Power To Dissociate As General Partner -- Wrongful Dissociation

Montana·Title 35 CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS·Ch. 12 LIMITED PARTNERSHIPS·Part 10 Distribution and Dissociation

35-12-1019 . Person's power to dissociate as general partner -- wrongful dissociation.

(1)A person has the power to dissociate as a general partner at any time, rightfully or wrongfully, by express will pursuant to 35-12-1018 (1).

(2)A person's dissociation as a general partner is wrongful only if:

(a)it is in breach of an express provision of the partnership agreement; or

(b)it occurs before the termination of the limited partnership and:

(i)the person withdraws as a general partner by express will;

(ii)the person is expelled as a general partner by judicial determination under 35-12-1018 (5);

(iii)the person is dissociated as a general partner by becoming a debtor in bankruptcy; or

(iv)in the case of a person that is not an individual, trust other than a business trust, or estate

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35-12-1019 . Person's power to dissociate as general partner -- wrongful dissociation. (1) A person has the power to dissociate as a general partner at any time, rightfully or wrongfully, by express will pursuant to 35-12-1018 (1).
(2) A person's dissociation as a general partner is wrongful only if:
(a) it is in breach of an express provision of the partnership agreement; or
(b) it occurs before the termination of the limited partnership and:
(i) the person withdraws as a general partner by express will;
(ii) the person is expelled as a general partner by judicial determination under 35-12-1018 (5);
(iii) the person is dissociated as a general partner by becoming a debtor in bankruptcy; or
(iv) in the case of a person that is not an individual, trust other than a business trust, or estate, the person is expelled or otherwise dissociated as a general partner because it willfully dissolved or terminated.
(3) A person that wrongfully dissociates as a general partner is liable to the limited partnership and, subject to 35-12-1405 , to the other partners for damages caused by the dissociation. The liability is in addition to any other obligation of the general partner to the limited partnership or to the other partners.

Montana § 35-12-1019 (Person's Power To Dissociate As General Partner -- Wrongful Dissociation) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.