§ 54-1-405. Actions by Partnership and Partners.

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 Sections 22, 24, or 25 of this act;

(ii)the partner's right on dissociation to have the partner's interest in the partnership purchased pursuant to Section 35 of this act or enforce any other right under Article 6 or 7 of this act; or

(iii)the partner's right to compel a dissolution and winding up of the partnership business under Section 40 of this act or enforce any other right under Article 8 of this act; 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.

Added by Laws 1997, c. 399, § 26, eff. Nov. 1, 1997.