North Dakota § 45-18-02 (602) Partner's power to dissociate - Wrongful dissociation

North Dakota Statutes

§ 45-18-02 — (602) Partner's power to dissociate - Wrongful dissociation

North Dakota·Title 45 Partnerships·Ch. 45-18 Partner's Dissociation

1. A partner has the power to dissociate at any time, rightfully or wrongfully, by express will pursuant to subsection 1 of section 45-18-01. 2. A partner's dissociation is wrongful only if: a. It is in breach of an express provision of the partnership agreement; or b. In the case of a partnership for a definite term or particular undertaking, before the expiration of the term or the completion of the undertaking:

(1)The partner withdraws by express will, unless the withdrawal follows within ninety days after another partner's dissociation by death or otherwise under subsections 6 through 10 of section 45-18-01 or wrongful dissociation under this subsection;

(2)The partner is expelled by judicial determination under subsection 5 of section 45-18-01;

(3)The partner is dissociated by beco

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1. A partner has the power to dissociate at any time, rightfully or wrongfully, by express
will pursuant to subsection 1 of section 45-18-01.
2. A partner's dissociation is wrongful only if:
a. It is in breach of an express provision of the partnership agreement; or
b. In the case of a partnership for a definite term or particular undertaking, before
the expiration of the term or the completion of the undertaking:
(1) The partner withdraws by express will, unless the withdrawal follows within
ninety days after another partner's dissociation by death or otherwise under
subsections 6 through 10 of section 45-18-01 or wrongful dissociation under
this subsection;
(2) The partner is expelled by judicial determination under subsection 5 of
section 45-18-01;
(3) The partner is dissociated by becoming a debtor in bankruptcy; or
(4) In the case of a partner who is not an individual, trust other than a business
trust, or estate, the partner is expelled or otherwise dissociated because it
willfully dissolved or terminated.
3. A partner who wrongfully dissociates is liable to the partnership and to the other
partners for damages caused by the dissociation. The liability is in addition to any
other obligation of the partner to the partnership or to the other partners.

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