§425-131 - Partner's power to dissociate; wrongful dissociation.
§425-131 Partner's power to dissociate;wrongful dissociation. (a) A partner has the power to dissociate at anytime, rightfully or wrongfully, by express will pursuant to section 425-130(1).
(b) A partner's dissociation is wrongful onlyif:
(1) It is in breach of an express provision of thepartnership agreement; or
(2) In the case of a partnership for a definite termor particular undertaking, before the expiration of the term or the completionof the undertaking:
(A) The partner withdraws by express will,unless the withdrawal follows within ninety days after another partner'sdissociation by death or otherwise under section 425-130(6) to (10) or wrongfuldissociation under this subsection;
(B) The partner is expelled by judicialdetermination under section 425-130(5);
(C) The partner is dissociated by becoming adebtor in bankruptcy; or
(D) In the case of a partner who is not anindividual, trust other than a business trust, or estate, the partner isexpelled or otherwise dissociated because it wilfully dissolved or terminated.
(c) A partner who wrongfully dissociates isliable to the partnership and to the other partners for damages caused by thedissociation. The liability is in addition to any other obligation of thepartner to the partnership or to the other partners. [L 1999, c 284, pt of §1]