§ 48-7A-405 — Actions by partnership and partners.

(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 § 48 - 7A - 401, 48 - 7A - 403, or 48 - 7A - 404; (ii) The partner's right on dissociation to have the partner's interest in the partnership purchased pursuant to § 48 - 7A - 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 § 48 - 7A - 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

SL 2001, ch 249, § 405.