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362.355 Rights of retiring or estate of deceased partner when the business is
continued.
When any partner retires or dies, and the business is continued under any of the
conditions set forth in subsections (1), (2), (3), (5), and (6) of KRS 362.350 or paragraph
(b) of subsection (2) of KRS 362.335, without any settlement of accounts as between him
or his estate and the person or partnership continuing the business, unless otherwise
agreed, he or his legal representative as against such persons or partnership may have the
value of his interest at the date of dissolution ascertained, and shall receive as an ordinary
creditor an amount equal to the value of his interest in the dissolved partnership with
interest, or, at his option or at the option of his legal representative, in lieu of interest, the
profits attributable to the use of his right in the property of the dissolved partnership;
provided that the creditors of the dissolved partnership as against the separate creditors,
or the representative of the retired or deceased partner, shall have priority on any claim
arising under this section, as provided by subsection (8) of KRS 362.350.
Effective: June 26, 2007
History: Repeal the prior repeal contained in 2006 Ky. Acts ch. 149, sec. 239, which
was to have been effective January 1, 2008, 2007 Ky. Acts ch. 137, sec. 180,
effective June 26, 2007. -- Repealed 2006 Ky. Acts ch. 149, sec. 239, effective
January 1, 2008. -- Created 1954 Ky. Acts ch. 38, sec. 42, effective June 17, 1954.
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