State Codes and Statutes

Statutes > Kansas > Chapter56a > Article4 > Statutes_21999

56a-405

Chapter 56a.--KANSAS UNIFORM PARTNERSHIP ACT
Article 4.--RELATIONS OF PARTNERS TO EACH OTHER AND TO PARTNERSHIP

      56a-405.   Actions by partnership andpartners.(a) A partnership may maintain an action againsta partner for a breach of the partnership agreement, or for theviolation of a duty to the partnership, causing harm to thepartnership.

      (b)   A partner may maintain an action against thepartnership or another partner for legal or equitable relief, withor without an accounting as to partnership business, to:

      (1)   Enforce the partner's rights under thepartnership agreement;

      (2)   enforce the partner's rights under this act,including:

      (i)   The partner's rights under K.S.A. 56a-401, 56a-403or 56a-404;

      (ii)   the partner's right on dissociation tohave the partner's interest in the partnership purchased pursuantto K.S.A. 56a-701 or enforce any other right under article 6 or 7;or

      (iii)   the partner's right to compel adissolution and winding up of the partnership business underK.S.A. 56a-801 or enforce any other right under article 8; or

      (3)   enforce the rights and otherwise protect theinterests of the partner, including rights and interests arisingindependently of the partnership relationship.

      (c)   The accrual of, and any time limitation on, a rightof action for a remedy under this section is governed by other law.A right to an accounting upon a dissolution and winding up does notrevive a claim barred by law.

      History:   L. 1998, ch. 93, § 24; Jan. 1, 1999.

State Codes and Statutes

Statutes > Kansas > Chapter56a > Article4 > Statutes_21999

56a-405

Chapter 56a.--KANSAS UNIFORM PARTNERSHIP ACT
Article 4.--RELATIONS OF PARTNERS TO EACH OTHER AND TO PARTNERSHIP

      56a-405.   Actions by partnership andpartners.(a) A partnership may maintain an action againsta partner for a breach of the partnership agreement, or for theviolation of a duty to the partnership, causing harm to thepartnership.

      (b)   A partner may maintain an action against thepartnership or another partner for legal or equitable relief, withor without an accounting as to partnership business, to:

      (1)   Enforce the partner's rights under thepartnership agreement;

      (2)   enforce the partner's rights under this act,including:

      (i)   The partner's rights under K.S.A. 56a-401, 56a-403or 56a-404;

      (ii)   the partner's right on dissociation tohave the partner's interest in the partnership purchased pursuantto K.S.A. 56a-701 or enforce any other right under article 6 or 7;or

      (iii)   the partner's right to compel adissolution and winding up of the partnership business underK.S.A. 56a-801 or enforce any other right under article 8; or

      (3)   enforce the rights and otherwise protect theinterests of the partner, including rights and interests arisingindependently of the partnership relationship.

      (c)   The accrual of, and any time limitation on, a rightof action for a remedy under this section is governed by other law.A right to an accounting upon a dissolution and winding up does notrevive a claim barred by law.

      History:   L. 1998, ch. 93, § 24; Jan. 1, 1999.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter56a > Article4 > Statutes_21999

56a-405

Chapter 56a.--KANSAS UNIFORM PARTNERSHIP ACT
Article 4.--RELATIONS OF PARTNERS TO EACH OTHER AND TO PARTNERSHIP

      56a-405.   Actions by partnership andpartners.(a) A partnership may maintain an action againsta partner for a breach of the partnership agreement, or for theviolation of a duty to the partnership, causing harm to thepartnership.

      (b)   A partner may maintain an action against thepartnership or another partner for legal or equitable relief, withor without an accounting as to partnership business, to:

      (1)   Enforce the partner's rights under thepartnership agreement;

      (2)   enforce the partner's rights under this act,including:

      (i)   The partner's rights under K.S.A. 56a-401, 56a-403or 56a-404;

      (ii)   the partner's right on dissociation tohave the partner's interest in the partnership purchased pursuantto K.S.A. 56a-701 or enforce any other right under article 6 or 7;or

      (iii)   the partner's right to compel adissolution and winding up of the partnership business underK.S.A. 56a-801 or enforce any other right under article 8; or

      (3)   enforce the rights and otherwise protect theinterests of the partner, including rights and interests arisingindependently of the partnership relationship.

      (c)   The accrual of, and any time limitation on, a rightof action for a remedy under this section is governed by other law.A right to an accounting upon a dissolution and winding up does notrevive a claim barred by law.

      History:   L. 1998, ch. 93, § 24; Jan. 1, 1999.