§425E-803 - Winding up.
[§425E-803] Winding up. (a) A limited partnership continues after dissolution only for the purpose ofwinding up its activities.
(b) In winding up its activities, the limitedpartnership:
(1) May amend its certificate of limited partnershipto state that the limited partnership is dissolved, preserve the limitedpartnership business or property as a going concern for a reasonable time,prosecute and defend actions and proceedings, whether civil, criminal, oradministrative, transfer the limited partnership's property, settle disputes bymediation or arbitration, file a statement of termination as provided insection 425E-203, and perform other necessary acts; and
(2) Shall discharge the limited partnership'sliabilities, settle and close the limited partnership's activities, and marshaland distribute the assets of the partnership.
(c) If a dissolved limited partnership doesnot have a general partner, a person to wind up the dissolved limitedpartnership's activities may be appointed by the consent of limited partnersowning a majority of the rights to receive distributions as limited partners atthe time the consent is to be effective. A person appointed under thissubsection:
(1) Has the powers of a general partner under section425E-804; and
(2) Shall promptly amend the certificate of limitedpartnership to state:
(A) That the limited partnership does not havea general partner;
(B) The name of the person that has beenappointed to wind up the limited partnership; and
(C) The street and mailing address of theperson.
(d) On the application of any partner, thecircuit court may order judicial supervision of the winding up, including theappointment of a person to wind up the dissolved limited partnership'sactivities, if:
(1) A limited partnership does not have a generalpartner and within a reasonable time following the dissolution no person hasbeen appointed pursuant to subsection (c); or
(2) The applicant establishes other good cause. [L2003, c 210, pt of §1]