This text of North Dakota § 45-16-05 ((405) Actions by partnership and partners) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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, causing harm to the
partnership.
2. 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:
a. Enforce the partner's rights under the partnership agreement;
b. Enforce the partner's rights under chapters 45-13 through 45-21, including:
(1)The partner's rights under section 45-16-01, 45-16-03, or 45-16-04;
(2)The partner's right on dissociation to have the partner's interest in the
partnership purchased pursuant to section 45-19-01 or enforce any other
right under chapter 45-18 or 45-19; or
(3)The partner's right to compel a di
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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, causing harm to the
partnership.
2. 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:
a. Enforce the partner's rights under the partnership agreement;
b. Enforce the partner's rights under chapters 45-13 through 45-21, including:
(1) The partner's rights under section 45-16-01, 45-16-03, or 45-16-04;
(2) The partner's right on dissociation to have the partner's interest in the
partnership purchased pursuant to section 45-19-01 or enforce any other
right under chapter 45-18 or 45-19; or
(3) The partner's right to compel a dissolution and winding up of the partnership
business under section 45-20-01 or enforce any other right under chapter
45-20; or
c. Enforce the rights and otherwise protect the interests of the partner, including
rights and interests arising independently 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.